RES-9612 Preliminary Approval Landscape Maintenance Assessment District 82-1 Shadow RidgeRESOLUTION NO. 9612
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 Certilied Engineer's Report (hereinafter Report) as required by said Division] 5 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 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 tor 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 if improvements are of direct bene lit 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
Cowlcil, a copy of which is on file in the office of the City Clerk and open for public
inspt:ction, 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 9th day of July, 2002, 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 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-
ADOPTED this 11 th
day of June, 2002.
fthe City of Orange
ATTEST:
CA'~ti&tA./~Cassandra J. Cath , City Clerk of the City of Orange
I 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 11th day of
June" 2002, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
SLATER. ALVAREZ. MURPHY. COONTZ, CAVECCHE
NONE
NONE
NONE
PRELIMINARY
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 82-
1 Fiscal Year 2002/
2003 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-
7 EXHIBIT A
DIAGRAM EXHIBITB METHOD OF
ASSESSMENT EXHIBITC ESTIMATED
COSTS EXHIBITD ASSESSMENT
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 2001/20012 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 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 197~~ 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 ofthe 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 #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
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.
Facilitiel~
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 faciIities 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 2002/2003 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 ~:2663 of the 1972 Act, have been included and are assessable under
these proceedings.
The 197~~ 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 2002/2003 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 ofthe Works of
Improvement.
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
1.:'
1 :'tp. n.5,mJT771 ·
7P.!.
E t\lD CmJutJCCNEl\ ldA\IrTEh u...12. -
A5SESSM~
NT NUMBER r 1 is
3
k' .
3S !~-'
I .
9 f---
c 3S ~ --
00/
D
S!
34 l::
fSH~
IJlitXJ~a III"u
I.
II 14
IS
12
t ",' ~
f. ,,':)"\.
4~
uI-:::!..#"J.t';;"
y.#\'>:.-':
tl;:~.;, p,
of V-;J-
I"~" ~r"-,-"I-5~ .lVJJPR( PARft) IlJ "
HtomCE ~:N"LL
I ;
tlRE"'
AW. INC.llt.-L "'It"'",
AVt:lIU'CO;TAM5A, tJ. ,
zr.'U#'1" ) ~ Hi1"):!tint
tl~ P1'\tPJ.P.A.Tl0N:
HOV. Z4.
1UZ EXHIBIT ALANDSCAPE ASSESSMENT OJ STRICT
LAD 82-1
Exhibit B
Page 1 of 2
EXHIBITB
ENGINEER'S REPORT
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 82-
1 City of
Orange METHOD OF
ASSESSMENT
BacklrrOlmd 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 (lfi\
ssessDlent 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 Lot/Year (1/lOx50%) ($9,
660.00)105.00 Lot/Year (1/46x50%) ($9,
660.00)This assessment is the same as Fiscal
Exhibit C
Page 1 of 3
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 2002/2003 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
Total
Salaries and Benefits Water
Electricity
Landscape
Maintenance - Contractor Other Professional &
Consulting Services Contractual Services (
Labor & Maint.)Total Contractual
Services 1,685
117 50
110
22
149
2
11
26
2,
172
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
200
o
Total Internal Service Costs 200
Total Expenditures for Fiscal Year 2002/2003 lli~
Exhibit C
Page 3 of 3
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 2002/
2003 Us,e of Rate Stabilization
Fund
TOTAL 1,
452 9,
660 3,
235 14,
347 TOTAL
EXPENDITURES Budget for Fiscal Year 2001/2002 14,
347 ESTIMATED
RESERVES Cash Flow Fund (6 mo.
expenditures)Contingency
Fund Assessment Rate Stabilization
Fund
TOTAL 7,
174 2,
869 3,
193 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 2002/2003 ASSESSMENT
ROLL The assessed parcels and assessments are listed by their
corresponding assessment numbers in the following Assessment
Roll.Filename Eng. Report