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RES-9758 Annual Assessment Approval For Special Maintenance Distirct 94-1RESOLUTION NO. 9758 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 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 proc-eedings, 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 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 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 8th day of July, 2003.ATTEST: 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 A1AJ"'~ ~ /..., 2 Cassandra J. Cathc , ity Clerk, City of Orange FINAL ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT LANDSCAPE MAINTENANCE DISTRICT NO. 94- 1 Fiscal Year 2003/ 2004 CITY OF ORANGE July, 2003 TABLE OF CONTENTS PAGE PART 1 AUTHORITY FOR REPORT 1 PART 2 PURPOSE OF REPORT 1 PART: 3DISCUSSION 1-2 PART 4 ENGINEER'S ANALYSIS 2- 6 Boundaries2-: 3 Facilities : 3-6 PART 5 METHOD OF ASSESSMENT 6 PART 6 FINANCIAL ANALYSIS 6 EXHIBIT A - DIAGRAM 7 EXHIBITB - METHOD OF ASSESSMENT EXHIBITC - ESTIMATED COSTS EXHIBITD - ASSESSMENT ROLL 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 2003/ 2004 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 ofthe 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 F Tract 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 oftrimmings, 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 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.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 $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 ofthe Works ofImprovement.W. Thomas, RCE No. 18542 Public Works Director/City Engineer 5 Exhibit A Page lofl 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 format follows. i /In il Ifll.en 0 a: z e" 1--o~ 2a::_I- CI)C Cl)CI)0 Oa:I- w CJ 0 Z Z llJ a: W z 0 w ==Z Ci < U'J :E "U' J >w CI)W a. -U' J < 0U'J CI)0 z ill o l~~ t l i t. =.~ r= r~ 1:. C I~ .t.,: J: i! :t! 11i!_1 hi!1 Wial rai.lai"i fhW'~IIhor=fl I 'i.J'fi1.' ·r.- I:~ t-f: i:- f.~I';.111W... La L~ w:! !wc:lZ l Z a:: _.Z < 0 ~ a::"- a:: 0:;o&&.~ 0 o~lS zw t:::l~ Uo<uti t,f:. 4 iIJ-'! I: III, I!I aJI . i - . 5 - . = , a1~ lal! J liPI iJ"!!'h jp!Ji!iI.!i ilr Pf J; fl:i:!, If!I!! I a . a . .Ii .. I .. · a01 ..J! J'": i i - : I ;; ; II ! I , ! " I 111:.Jai_:!: I .... ..... t IDIWI, _,..... ~II r! I D 5.I-f i 1 -f Ha 51 5 ! . 1&5 5 ;; a . 1 a i ~ ! ~ I a, 1 ! - p if I i 33tl. L!L_~ NI!Sn!a'- In! d~ u;I: Ilival 1,la__il; i=.I!:=f~lil!i! iIA ~I S!&:lt!!IliU!naU t c:( 021 a:: ti- C)Cl c:( ~~ I@:C - e/)Co w a:: !CJI I I 2 2w I a:: . W 20 Ii I i ili U) < CJ U) :!>W We/)c..- U) ~ U) e/)c:( C 2 S 1M 1M i 1M I! II I - Exhibit B Page lof3 EXHmITB ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT LANDSCAPE MAINTENANCE DISTRICT NO. 94- 1 City of Orange METHOD OF ASSESSMENT Backnound 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 later was chosen to provide a visually pleasing channel with landscaping along both banks, a useful bike and pedestrian trail, and an Exhibit B Page 2 of3 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 ofthe 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 commercial site on the south side recently developed with senior housing.All 160 residential units are relatively the same except for the fact that 36 units back up to the landscape improvement. The developer has 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 1.0. The commercial site has been developed as low income housing for senior I'" Exhibit B Page 3 of3 The unit cost for fiscal year 2003/2004 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 down 43% from the fiscal year 2002-2003 Exhibit. C Page lof3 EXHmITC ENGINEER'S REPORT ANNUAL LEVY OF ASSESSMENT LANDSCAPE MAINTENANCE DISTRICT NO. 94- 1 City of Orange ESTIMATED COSTS Theest.imated budget necessary for the 2003/2004 Fiscal Year for the District is as follows:Regular Salaries - Miscellaneous Salaries PERS Pick- Up Workers Compensation Accrued Liability Payoff Health" Dental, and Life Unemployment Disability Medicare Vacation Payout-Misc. Pers Retirement 1, 809 152 118 23 188 2 12 28 66 47 Total Salaries and Benefits 2, 445" 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 2 of3 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 2003/2004 S;JO.O~l Exhibit C Page 3 of3 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 2003/2004 Use of Rate Stabilization Fund TOTAL 5,841 16,336 7.884 30,061 TOTAL EXPENDITURES Budget for Fiscal Year 2003/2004 TOTAL 30.061 30,061 ESTIN.U\TEDRESERVES Cash Flow Fund (6 mo. expenditures) Contingency Fund Assessment Rate Stabilization Fund TOTAL 15,031 6,012 110.500 131,543 Exhibit D Page 1 ofl EXHIBITD ENGINEER' S REPORT ANNUAL LEVY OF ASSESSMENT LANDSCAPE MAINTENANCE DISTRICT NO. 94-1 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. FUNDNOl APN LEVY FUNDN02 F7 39035103 40.00 058 F7 39035104 20.00 058 F7 39035111 204.00 058 F7 93804015 102.00 058 F7 93804016 102.00 058 F7 93804017 102.00 058 F7 93804018 102.00 058 F7 93804019 102.00 058 F7 93804020 102.00 058 F7 93804021 102.00 058 F7 93804022 102.00 058 F7 93804023 100.00 058 F7 93804024 100.00 058 F7 93804025 100.00 058 F7 93804026 100.00 058 F7 93804027 102.00 058 F7 93804028 100.00 058 F7 93804029 100.00 058 F7 93804030 100.00 058 F7 93804031 100.00058 F7 93804032 100.00 058 F7 93804033 100.00 058 F7 93804034 100.00 058 F7 93804035 100.00 058 F7 93804036 100.00 058 F7 93804037 100.00 058 F7 93804038 100.00 058 F7 93804039 100.00 058 F7 93804040 100.00 058 F7 93804041 100.00 058 F7 93804042 100.00 058 F7 93804043 100.00 058 F7 93804044 100.00 058 F7 93804045 100.00 058 F7 93804046 100.00 058 F7 93804047 100.00 058 F7 93804048 100.00 058 F7 93804049 100.00 058 F7 93804050 100.00 058 F7 93804051 100.00 058 F7 93804052 100.00 058 LMD94- 1 F7 93804053 100.00 058 F7 93804054 100.00 058 F7 93804055 100.00 058 F7 93804056 100.00 058 F7 93804057 100.00 058 F7 93804058 100.00 058 F7 93804059 100.00 058 F7 93804060 100.00 058 F7 93804061 100.00 058 F7 93804062 100.00 058 F7 93804063 100.00 058 F7 93804064 100.00 058 F7 93804065 100.00 058 F7 93804066 102.00 058 F7 93804067 102.00 058 F7 93804068 102.00 058 F7 93804069 102.00 058 F7 93804070 102.00 058 F7 93804071 102.00 058 F7 93804072 102.00 058 F7 93804073 100.00 058 F7 93804074 100.00 058 F7 93804075 100.00 058 F7 93804076 100.00 058 F7 93804077 100.00 058 F7 93804078 100.00 058 F7 93804079 100.00058 F7 93804080 100.00 058 F7 93804081 100.00 058 F7 93804082 100.00 058 F7 93804083 100.00 058 F7 93804084 100.00 058 F7 93804085 102.00 058 F7 93804086 102.00 058 F7 93804087 102.00 058 F7 93804088 102.00 058 F7 93804089 102.00 058 F7 93804095 100.00 058 F7 93804096 100.00 058 F7 93804097 100.00 058 F7 93804098 100.00 058 F7 93804099 100.00 058 F7 93804100 100.00 058 F7 93804101 100.00 058 F7 93804102 100.00 058 F7 93804103 100.00 058 F7 93804104 100.00 058 --F7 93804105 100.00 058 F7 93804106 100.00 058 F7 93804107 100.00 058 F7 93804108 100.00 058 F7 93804109 100.00 058 F7 93804110 100.00 058 F7 93804111 100.00 058 F7 93804112 100.00 058 F7 93804113 100.00 058 F7 93804114 100.00 058 F7 93804115 100.00 058 F7 93804116 100.00 058 F7 93804117 100.00 058 F7 93804118 100.00 058 F7 93804119 100.00 058 F7 93804120 100.00 058 F7 93804121 100.00 058 F7 93804122 100.00 058 F7 93804123 100.00 058 F7 93804124 100.00058 F7 93804125 100.00 058 F7 93804126 100.00 058 F7 93804127 100.00 058 F7 93804128 100.00 058 F7 93804129 100.00 058 F7 93804130 100.00 058 F7 93804131 100.00 058 F7 93804132 100.00 058 F7 93804133 100.00 058 F7 93804134 100.00 058 --F7 93804135 100.00 058 F7 93804136 100.00 058 F7 93804137 100.00058 F7 93804138 100.00 058 F7 93804139 100.00 058 F7 93804140 100.00 058 F7 93804141 100.00 058 F7 93804142 100.00 058 F7 93804143 100.00 058 F7 93804144 100.00 058 F7 93804145 100.00 058 F7 93804146 100.00 058 F7 93804147 100.00 058 F7 93804148 100.00 058 F7 93804149 100.00 058 F7 93804150 102.00 058 F7 93804151 100.00 058 F7 93804152 100.00 058 F7 93804153 100.00 058 F7 93804154 100.00 058 F7 93804155 100.00 058 F7 93804156 100.00 058 F7 93804157 100.00 058 F7 93804158 100.00 058 F7 93804159 100.00 058 F7 93804160 100.00 058 F7 93804161 100.00 058 F7 93804162 100.00 058 F7 93804163 100.00 058 F7 93804164 100.00 058 F7 93804165 100.00 058 F7 93804166 102.00 058 F7 93804167 102.00 058 F7 93804168 102.00 058 F7 93804169 102.00 058 F7 93804170 102.00 058 F7 93804171 102.00 058 F7 93804172 102.00058 F7 93804173 102.00 058 F7 93804174 102.00 058 F7 93804175 102.00 058 r-- F7 93804176 102.00 058 F7 93804177 102.00 058 F7 93804178 102.00 058 F7 93804179 102.00 058 16336.00