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RES-9881 Annual Assessment for Special Maintenance District 94-1 Sycamore CrossingRESOLUTION NO. 9881 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT FOR SPECIAL MAINTENANCE DISTRICT 94- 1.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 Streets and Highways Code of the State of California, in what is known and designated as Landscape Maintenance District No. 94-1 (hereinafter referred to as 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 consideraiion 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 2004/2005 as contained in the final Engineer' s Report as approved, 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 A. Deliver to the Superintendent of Streets 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 Superintendent of Streets 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 3rd 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 22nd day of June, 2004, of Orange ATTEST: 6. MaryE. . I, MARY E. MURPHY, City erk 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 22nd day of June, 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Cavecche COUNCILMEMBERS: None COUNCILMEMBERS: Coontz COUNCILMEMBERS: None c~ FINAL ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT LANDSCAPE MAINTENANCE DISTRICT NO. 94- 1 Fiscal Year 2004/ 2005 CITY OF ORANGE June, TABLE OF CONTENTS PAGE PART 1 AUTHORITY FOR REPORT 1 PART 2 PURPOSE OF REPORT 1 PART 3 DISCUSSION 1- 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 EXHIBIT A DIAGRAM 7 EXHIBITB METHOD OF ASSESSMENT EXHIBIT C ESTIMATED COSTS EXHIBITD ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT LANDSCAPE MAINTENANCE DISTRICT NO. 94- 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, of the Streets and Highways Code. PART 2 - PURPOSE OF REPORT The purpose of this report is to present the engineering analysis for the 2004/ 2005 fiscal year for the district known as:Landscape Maintenance District No. 94-1 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 ofthe 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 benefit pursuant to Article XIIIC of the State Constitution. 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. 94-1, City of Orange, which is on file with the City Clerk of the City of Orange and with the Orange County Assessor. A reduced scale copy of the Boundary Map and Diagram is attached as Exhibit A. 2 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 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 FTract 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. Complete bike trail including asphalt, signing, striping, and lighting;E. Soil cement erosion protection.The following items are excluded from the Maintenance District:A. The center low flow channel of Santiago Creek.3 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.PART 6 - 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 Exhibit C.The individual 2004/2005 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 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 $16,336.4 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 ofImprovement.rry 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. 94- 1 City of Orange DIAGRAM The Boundary Map shown in a reduced-scale Exhibit B Page lof3 EXHIBITB ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT LANDSCAPE MAINTENANCE DISTRICT NO. 94- 1 City of Orange METHOD OF ASSESSMENT BacklO' ound 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 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 bicycle trail along the upper banks of Santiago Creek. The creek is a natural flood control channel running through Tentative Tract 14752. As a condition of developing the tract, it is 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 latter was chosen to provide a visually pleasing channel with landscaping along both banks, a useful bike and pedestrian trail, and an Exhibit B Page 2of3 The Orange County Flood Control District will own and maintain the center 96 foot wide low flow channel. The City of Orange will own and LMD 94- 1 will maintain 23 feet on the north side and 55 feet on the south side of the channel.The special and direct benefit that each property owner will receive is a visually pleasing landscaped entrance to their tract in addition to necessary flood protection. The bike and pedestrian trail will provide direct access to Hart Park, a City park with numerous recreation facilities. There are many homes in the District that back up to Santiago Creek and the landscape improvement. Their back fences will be made of wrought iron so they can enjoy the beauty and spaciousness of the landscape improvement,APPORTIONMENT OF COSTS 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 senior housing complex on the south side of the creek.All 160 residential units are relatively the same except for the fact that 36 units back up to the landscape improvement. The developer 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 Exhibit B Page 3 of3 The unit cost for fiscal year 2004/2005 will be $100.00. Therefore, the assessment levied on the 124 interior residential units will be $100.00, and for the 36 residential units along the channel it will be $102.00. 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. 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 total of the assessments levied on the parcels is $16,336. This is the same as last fiscal year's assessment. Exhibit C Page lof3 EXHIBITC ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT LANDSCAPE MAINTENANCE DISTRICT NO. 94- 1 City of Orange ESTIMATED COSTS The estimated budget necessary for the 2004/2005 Fiscal Year for the District is as follows:Total Salaries and Benefits 1, 848 159 132 24 221 2 11 29 70 132 2, 628 Regular Salaries - Miscellaneous Salaries PERS Pick- Up Workers Compensation Accrued Liability Payoff Health, Dental, and Life Unemployment Disability Medicare Vacation Payout-Misc. Pers Retirement Water Electricity Landscape Maintenance - Contractor Accounting and Auditing Services Other Professional & Consulting Services Contractual Services ( Labor & Maint.)5, 500 2, 000 12, 500 600 000 5. 000 Total Contractual Services 25, Exhibit C Page 2of3 Seeds and Plants Electrical Supplies Pipes and Fittings Lumber, Screws, Nails, Etc. 0 0 0 U Total Materials and Supplies 0 G & A Overhead Allocation FMIS Allocation Total Internal Services Costs 2,016 L- Q 2, 016 Total Expenditures for Fiscal Year 2004/ 2005 30. Exhibit C Page 3of3 EXHIBITC ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT LANDSCAPE MAINTENANCE DISTRICT NO. 94- 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 4, 019 16, 336 9, 889 30, 244 TOTAL EXPENDITURES Budget for Fiscal Year 2003/ 2004 TOTAL 30, 244 30, 244 ESTIMATED RESERVES Cash Flow Fund Contingency Fund Assessment Rate Stabilization Fund TOTAL 15, 122 6, 049 116. 019 137, Exhibit D Page 1 of 1 EXHIBITD ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT LANDSCAPE MAINTENANCE DISTRICT NO. 94- 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