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RES-9756 Annual Assessment Approval For Special Maintenance District 82-1RESOLUTION NO. 9756 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 82-1. 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. 82-1 (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 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 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 a&Sessments for fiscal year 2003/2004 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 the following: 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 ofthese assessments, ADOPTED this 8th day of July, 2003, ATTEST: d~Cassandra 1. Cat , City Clerk, City of Orange I, CASSANDRA J, CATHCART, 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 8th day of July, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Ambriz, Murphy, Coontz, Cavecche COUNCILMEMBERS: None COUNCILMEMBERS: Alvarez COUNCILMEMBERS: None 4~~~~/ Ar7 Cassandra J, Cathc , City Clerk, City of Orange FINAL ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT LANDSCAPE MAINTENANCE DISTRICT NO. 82- 1 Fiscal Year 2003/ 2004 CITY OF ORANGE July, 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- 7 EXHIBIT A - DIAGRAM EXHIBITB - METHOD OF ASSESSMENT EXHIBIT C - ESTIMATED COSTS EXHIBITD - ASSESSMENT ROLL 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, of the Streets and Highways Code. PART 2 - PURPOSE OF REPORT The purpose of this report is to present the engineering analysis for the 2003/ 2004 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 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 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.82-1 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 shown 2 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, I'"' 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, I'"'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 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 dermed 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 2003/2004 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. H W. Thomas, RCE No. 18542 Public Works Director/City Engineer 4 Exhibit A Page 10f1 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 format 4.IMJ 1_ 'U" I...-^-.... 514,.-. .Flmm · '7P.!.E A1/0 CRmlut) CavEll l\At1n~AU)..z. - ASSESSMENT NUMBER. r 2 41 i3 w . 3S I ~.S l!::~. SS -~-s ~ l-' D J2 34 I. ~S'H. cupJ 4HtX),(' 7 au 14 U C~nRJ l' t PA~~ l' '''' ,.\ oIt omte 0;:: Ill..1. L ~ roREII\AN. ttiC.I!c.-L a.tlt~1..1 AVl:llU! tDHA M..~A. tA ,z(,zufA l-I.,,: a PlTE.D~ F'RtPJ.P, a.Tl0N:NOV. Z4.IUl EXHIBIT A LANDSCAPE ASSESSMENT 01 STRICT LAO 82-1 Exhibit B Page 1 of2 EXHIBITB ENGINEER' S REPORT ANNUAL LEVY OF ASSESSMENT LANDSCAPE MAINTENANCE DISTRICT NO. 82-1 City of Orange METHOD OF ASSESSMENT Backl!"1'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 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 the total Exhibit B Page 2 of2 Assessment to Lots 1- 10 Assessment to Lots 11-56 483.00 Lot/Year (1/l0x50%) ($9, 660.00)105.00 Lot/Year (1/46x50%) ($9, 660.00)This assessment is the same as Fiscal Exhibit C Page 10f3 EXHIBITC ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT LANDSCAPE MAINTENANCE DISTRICT NO. 82- 1 City of Orange ESTIMATED COSTS The estimated budget necessary for the 2003/2004 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, 810 152 66 118 24 188 2 12 28 47 2, 447 1, 575 500 5, 500 600 3. 800 11, 975 Exhibit C Page 2 of3 Seeds and Plants Pipes and Fittings 0 Q Total Materials and Supplies 0 G & A Overhead Allocation FMIS Allocation 206 o Total Internal Service Costs 206 ' Total Expenditures for Fiscal Year 200312004 14.628 Exhibit C Page 3 of3 r- 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 2003/ 2004 Use of Rate Stabilization Fund TOTAL 996 9, 660 3> 3. 972 14,628 I TOTAL EXPENDITURES Budget for Fiscal Year 2003/2004 14, 628 'ESTIMATED RESERVES Cash Flow Fund (6 mo. expenditures)Contingency Fund Assessment Rate Stabilization Fund TOTAL 7, 314 2, 926 5. 232 15, 472 ' Exhibit D Page 10f1 EXlDBITD ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT LANDSCAPE MAINTENANCE DISTRICT NO. 82- 1 City of Orange FISCAL YEAR 2003/2004 ASSESSMENT ROLL The assessed parcels and assessments are listed by their corresponding assessment numbers in the following Assessment RolL Filename Eng. Report 82. FUNDNO 1 APN LEVY FUNDN02 12 36152101 483,00 058 12 36152102 483.00 058 12 36152103 483,00 058 12 36152104 483,00 058 12 36152105 483.00 058 12 36152106 483.00 058 12 36152201 105,00 058 12 36152202 105,00 058 12 36152203 105,00 058 12 36152204 105,00 058 12 36152205 105,00 058 12 36152206 105,00 058 12 36152207 105,00 058 12 36152208 105,00 058 12 36152209 105,00 058 12 36152210 105,00 058 12 36152211 105,00 058 12 36152212 105,00 058 12 36152213 105,00 058 12 36152214 105,00 058 12 36152215 105.00 058 12 36152216 105,00 058 12 36152217 105.00 058 12 36152218 105,00 058 12 36152219 105.00 058 12 36152220 105,00 058 12 36152221 105,00 058 12 36152222 105,00 058 12 36152223 105,00 058 12 36152224 105,00 058 12 36152225 105,00 058 12 36152226 105,00 058 12 36152227 105,00 058 12 36152228 105.00 058 12 36152229 105.00 058 12 36152230 105.00 058 12 36152231 105,00 058 12 36152301 105.00 058 12 36152302 105,00 058 12 36152303 105,00 058 12 3615310 1 483.00 058 12 36153102 483,00 058 12 36153103 483,00 058 12 36153104 483,00 058 12 36153105 105,00 058 12 36153106 105.00 058 ....... 12 36153107 105,00 058 12 36153108 105,00 058 12 36153109 105,00 058 12 36153110 105,00 058 12 36153111 105.00 058 12 36153112 105,00 058 12 36153113 105,00 058 12 36153114 105,00 058 12 36153115 105.00058 12 ;36153116 105,00 058 9660,00