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RES-9856 Preliminary Approval Annual Levy Landscape Maintenance Assessment District 86-2 Santiago HillsRESOLUTION NO. 9856 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 86-2 (SANTIAGO HILLS)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 Califomia, said special maintenance district known and designated as Landscape Maintenance District No. 86-2 (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 Section II: That the public interest and convenience require, 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 as follows: 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 of improvements are of direct benefit to the properties within the boundaries of said Maintenance District, which Maintenance District tht: 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 of this 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 ofthe 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 designated 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- 5559 ADOPTED this II th day of May, 2004. yofOrange ATTEST: D.Mary E. M hy, City Clerk, City 0 ge I, MARY E. MURPHY, 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 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 PRELININARY ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT LANDSCAPE MAINTENANCE DISTRICT NO. 86- 2 Fiscal Year 2004/ 2005 CITY OF ORANGE May, TABLE OF CONTENTS PAGE PART 1 AUTHORITY FOR REPORT 1 PART 2 PURPOSE OF REPORT 1 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 EXHIBIT B METHOD OF ASSESSMENT EXHIBIT C ESTIMATED COSTS EXHIBITD ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT LANDSCAPE MAINTENANCE DISTRICT NO. 86- 2 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 engmeermg analysis for the 200412005 fiscal year for the district known as:Landscape Maintenance District No. 86-2 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, and are considered a special assessment pursuant 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. 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 assessment district boundary is shown on a map entitled Boundary Map and Diagram, Landscape Maintenance District No. 86-2, City of Orange,which is on file with the City Clerk ofthe City of Orange and with the County Assessor. A reduced scale copy ofthe Boundary Map and Diagram is attached as Exhibit A. 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: A. Parkway and Recreation Areas: 1. Newport Boulevard - approximately IS-foot wide zone (including the width of the sidewalk) from the back of the curb to the property line, and corner cutoffs at intersections, on the east side from Chapman Avenue to 312 feet south of the centerline of Skylark Place. 2. Chapman Avenue - approximately IS-foot wide zone (including the width of the sidewalk) from the back of the curb to the property line, and corner cutoffs at intersections, on south side from Newport Boulevard to Jamboree Road. 3. Canyon View Avenue - approximately 3D-foot wide zones including the width of the sidewalk) from the back of the curb to the property line, and corner cutoffs at intersections, on both sides from Newport Boulevard to Jamboree Road. 4. White Oak Ridge - approximately l7-foot wide zones (including the width of the sidewalk) from the back of the curb to the property line, and corner cutoffs at intersections, on both sides from Newport Boulevard to Canyon View Avenue. 3 5. Trails End Lane - approximately 17-foot wide zone on the west side and approximately 28- to 32-foot wide zone on the east side including the width of the sidewalks), both zones from the back of the curb to the property line, and corner cutoffs at intersections, from White Oak Ridge to Chapman Avenue.6. Handy Creek Corridor - from the intersection of Chapman Avenue and Newport Boulevard to White Oak Ridge and from White Oak Ridge to the intersection of Canyon View Avenue and Handy Creek Road (Lot 20, a portion of Lot 11, and Lot D of Tract No. 12417) including concrete walkways which also serve as emergency access ways. 7. Paseo. approximately 50-foot wide zone from the Park to White Oak Ridge and from White Oak Ridge to Old Camp Road (Lots A and B of Tract No. 12417) and approximately 35-foot wide zone from the Paseo to White Oak Ridge (Lot C of Tract No. 12417)including surface and subsurface drainage facilities and concrete walkways which also serve as emergency access ways.8. Handy Creek Road - approximately lO-foot wide zone (including the width of the sidewalks) on south side from the back of the curb to the property line form the end of Handy Creek Corridor Lot D, Tract No. 12417) near Canyon View Avenue to the northerly terminus of the street.9. Fort Road - approximately l7-foot wide zones ( including the width of the sidewalks) from the back of the curb to the property line on south side from White Oak Ridge to Jamboree Road.10. Santiago Canyon Road - approximately l8-foot wide zone including the width of the sidewalk) from back of curb to back of sidewalk on north and south sides from Newport Boulevard to Jamboree 11. Old Camp Road - approximately 4-foot wide zones from back of curb to property line on both sides from Canyon View Avenue to the northerly terminus of the street. 12. Skylark Place. approximately 18-foot wide zones (including the width of the sidewalk) from back of the curb to the property line on both sides from White Oak Ridge to Newport Boulevard.13. Jamboree Road. variable width zone (including the width of the bike trail-sidewalk) from the back of the curb to the property line on the west side from Canyon View Avenue to Chapman Avenue.14. Additional Areas - areas adjacent to the IS-foot wide zones along Skylark Place, Chapman Avenue, and Jamboree Road have been dedicated to the City with tracts 12672,12741,12711, 15398 and PM 92-195. Such areas have been landscaped by the developers and the sprinkler systems tied into the District' s.B. Medians:1. Chapman Avenue - 14-foot wide median from Newport Boulevard to Jamboree Road.2. White Oak Ridge - 14-foot wide medians at Newport Boulevard and Canyon View Avenue.3. Trails End Lane - l4-foot wide median from White Oak Ridge to Chapman Avenue.4. Jamboree Road - 24-foot wide median from southerly City limits to Santiago Canyon Road.5. Santiago Canyon Road - Variable width from Newport Boulevard to Jamboree 6. Newport Boulevard - 22-foot wide median from Chapman Avenue to Santiago Canyon Road. The following items are excluded from the Maintenance District: A. The 8 :t acre park is excluded from this Landscape Maintenance District. B. Sidewalks along all streets are excluded from thi:s Landscape Maintenance District. C. The equestrian trail along Canyon View Avenue is excluded from this Landscape Maintenance District. Maintenance shall include, but not be limited to: A. repair, removal, replacement or installation of all or any part of any included improvement such as storm drains and pedestrian walkways in the paseos; 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 Assessment District No. 86-1, City of Orange. The 6 estimated costs of maintenance, operation, and administration of the facilities are shown in Exhibit C. The individual 2003/2004 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. All lots and parcels of land known as public property, as defined under Section 22663 of the 1972 Act within the boundaries of the District 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 2004/2005 by the district is $432,483. The assessments for Landscape Maintenance District No. 86-2, 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-<>4-a y W. Thomas, RCE No. 18542 Public Works Director/ City Exhibit A Page 1 of 1 EXHIBIT A ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT LANDSCAPE MAINTENANCE DISTRICT NO. 86- 2 City of Orange DIAGRAM The Boundary Map shown in a reduced-scale Exhibit B Page 10f3 EXHIBITB ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT LANDSCAPE MAINTENANCE DISTRICT NO. 86- 2 City of Orange METHOD OF ASSESSMENT Backe: 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 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 The parkways and medians consist of landscaped areas along the edge of or within the middle of streets and highways in the District. The District also has landscaped corridors extending through the developed area which provide access to the school and park. The improvements in these areas consist of trees, shrubs, ornamental vegetation, and appurtenant improvE' ments.The improvements extend throughout the development area and serve several purposes. The landscaped parkway zones along the streets and highways enhance the public walkways throughout the District and allow pedestrian access to the residents in the area. These parkway zones also provide passive and active recreational uses as well as the aesthetic enhancement for the total development area. Landscaped median islRnds also provide similar enhancements for the residents in the Exhibit B Page 20f3 The landscaped recreation/pedestrian corridors throughout the District provide for open space and recreational uses which connect with the park and school site throughout the development area. Besides contributing to the active and passive recreation use in the area, the corridors aesthetically enhance the area within the District and therefore increase the value of the parcels. Maintenance of these public improvements primarily renders a people oriented benefit to the properties within the boundaries of the Assessment District and, as such, relates to the number of persons in each dwelling unit on each property. These benefits are direct and special to the properties within the District. In analyzing the overall development area, it was noted that there were two types of residential dwelling units - attached and detached. The assessment method therefore was established in recognition of the people oriented benefits of the improvements and the relative number of persons associated with the two dwelling unit types. The result was an equivalent dwelling unit factor that related the number of persons in attached dwelling units to detached dwelling units. The attached dwelling unit factor was established as being equivalent to 0.6. The factor was established after analyzing various residential information for a typical District.With the final buildout of the land within the District complete, it is now possible to determine the total number of equivalent dwelling unit factors.That total is 1441.61. Exhibit B Page 30f3 There is an area within the boundaries of the District designated for mixed use. This mixed use area is now developed and has been assigned dwelling units based on the average density of the multi-family residential parcels within the District. The equivalent dwelling units for the mixed use property are determined by multiplying the number of assigned dwelling units by the attached dwelling unit factor of 0.6. Each year the average density and the equivalent dwelling units will be recalculated to accommodate any changes to multi-family parcels in the district.The total annual maintenance cost for fiscal year 2004/2005 is estimated to be 486,445. A portion of the maintenance cost will be funded from the reserve established for the District; the assessment levied on the parcels will be 432,483. The total estimated number of dwelling units upon ultimate development has been used to determine the annual assessment amount for detached dwelling units ($300.00) and attached dwelling units ($ 180.00).This amount is the same as Fiscal Year 2003-2004.Lots 9, 10, 11, 15, and 19 of Tract No. 12417 have not been assessed because they have been excluded from the District. The cost of maintaining the landscape improvements on these publicly owned parcels is not paid for by the District but rather from the general fund of the public agency owning the parcel. Therefore, these publicly owned parcels do not receive any special benefit from the District.The assessments for the above-referenced Maintenance District have been spread in accordance with the special benefits that each parcel receives Exhibit C Page 10f3 EXHIBIT C ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT LANDSCAPE MAINTENANCE DISTRICT NO. 86- 2 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 PERS Retirement Health, Dental, and Life Unemployment Disability Medicare Accrued Liability Payoff Total Salaries and Benefits Telephone Allocation Water Electricity Repairs to Buildings and Fixed Equipment Landscape Maintenance - Contractor Accounting and Auditing Services Other Professional and Consulting Services Contractual Services (Labor and Maint.)Local training conferences and Assoc. dues Total Contractual Services 41, 406 3. 341 1. 441 2. 59]1, 029 4, 140 44 265 623 515 55, 395 3, 500 85, 000 18, 500 o 233, 100 600 o 68, 800 1000 410, 500 Exhibit C Page 2 of3 Seeds and Plants Trees Other Agricultural and Nursery Supplies Operating Supplies and Expenses Electrical Supplies Pipes and Fittings Minor Office Supplies Total Materials and Supplies o o o 3,550 o o 100 3,650 G & A Overhead Allocation Data Processing Allocation Vehicle Maintenance Allocation Vehicle Straight - Line Vehicle Inflation Factor Fuel Allocation Computer Replacement FMIS Allocation Total Internal Service Costs 16, 900 o o o o o o o 16, 900 Total Expenditures for Fiscal Year 2004/ 2005 486. 445 Exhibit C Page 3 of3 EXHIBIT C ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT LANDSCAPE MAINTENANCE DISTRICT NO. 86- 2 City of Orange ESTIMATED FUND BALANCES ESTIMATED REVENUES Interest on Fund Balance Assessment for Fiscal Year 2004/ 2005 Use of Rate Stabilization Fund TOTAL 8, 153 4~12. 483 35. 809 486, 445 ESTIMATED EXPENDITURES Budget for Fiscal Year 2004/2005 486, 445 ESTIMATED RESERVES Cash Flow Fund (5.7 mo. expenditures)Contingency Fund Assessment Rate Stabilization Fund TOTAL 230, 809 0L---. O.230, Exhibit D Page 1 of 1 EXHIBITD ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT LANDSCAPE MAINTENANCE DISTRICT NO. 86- 2 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.Eng. Report &