RES-11390 LANDSCAPE MAINTENANCE ASSESSMENT DISTRICTS 83-6 (SANTIAGO HILLS) AND 15-1 (SANTIAGO HILS OVERLAY)RESOLUTION NO. 11390
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE REGARDING LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICTS 86-2
SANTIAGO HILLS) AND 15-1 (SANTIAGO HILLS
OVERLAY) DECLARING ITS INTENTION TO
PROVIDE FOR AN ANNUAL LEVY AND
COLLECTION OF ASSESSMENTS FOR FISCAL
YEAR 2022-2023; SETTING A TIME AND PLACE
FOR A PUBLIC HEARING TO RECEIVE PUBLIC
TESTIMONY ON THE FOREGOING MATTERS;
AND GIVING PRELIMINARY APPROVAL OF
THE CERTIFIED ENGINEER'S REPORT FOR
LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICTS 86-2 (SANTIAGO HILLS) AND 15-1
SANTIAGO HILLS OVERLAY)
WHEREAS, the City Council of the City of Orange previously formed City of Orange
Landscape Maintenance Districts No. 86-2 and 15-1 ("Maintenance Districts") and desires to
initiate proceedings for the levy of annual increased assessments in connection with the
Maintenance Districts, pursuant to the provisions of the Landscaping and Lighting Act of 1972,
Part 2 of Division 15 of the California Streets and Highways Code beginning with Section 22500,
Government Code Section 53753 and the provisions of the Article 13D of the California
Constitution ("Article 13D") and such constitutional provisions and statutes as are referred to
collectively as the"Applicable Law;" and
WHEREAS, there has now been presented to the City Council the Certified Engineer's
Reports ("Reports") as required by the Applicable Law that describe the proposed annual levy of
assessments for each parcel for Fiscal Year 2022-2023 and the proposed changes to the
Maintenance Districts or improvements; and
WHEREAS, the City Council has carefully examined and reviewed the Reports and is
satisfied with each and all of the items and documents set forth therein and has made a preliminary
determination that the assessments on each parcel have been proportioned in accordance with the
benefits received by each parcel and that such assessments do not exceed the estimated reasonable
cost of providing the service; and
WHEREAS, at this time the City Council determines to commence proceedings to
provide for the annual levy of assessments for Fiscal Year 2022-2023 to pay for the costs and
expenses necessary for the maintenance of the improvements in the Maintenance Districts.
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 the public interest and convenience require the undertaking of proceedings for the
annual levy and collection of assessments to pay the costs and expenses for the maintenance of the
improvements within the Maintenance Districts,which in general include:the maintenance,repair,
removal or replacement of any of the landscaping improvements, including walkways, signage,
irrigation, trimming, spraying, fertilizing, etc., and as such maintenance is more particularly
described in the Reports on file with the City Clerk("maintenance of improvements").
Section III:
That the maintenance of improvements is of direct benefit to the properties within the
boundaries of the Maintenance Districts,which the City Council previously declared to be the area
benefited and which area is more particularly described in the boundary map open for public
inspection and on file with the City Clerk bearing the designation of the Maintenance Districts.
Section IV:
That the Reports are preliminarily approved and ordered to be on file with the City Clerk
and open for public inspection. The Reports contain a full and detailed description of the existing
works of improvement,the boundaries of the Maintenance Districts and any zones therein,and the
proposed assessments upon parcels within the Maintenance Districts.
Section V.
That the City shall give notice of the time and place of the public hearing to all property
owners of record within the Maintenance Districts subject to a levy of assessment.
Section VI:
That notice is hereby given that Tuesday, June 14th, 2022, at 6:00 p.m. at City Hall, 300
East Chapman Avenue, Orange, CA 92866, is the time and place fixed by the City Council for
hearing protests or objections in reference to the proposed annual levy of assessments for the
Maintenance Districts in accordance with Government Code Section 53753 and Article 13D 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 hearing.
Resolution No. 11390 2
Section VII:
That for any and all information relating to these proceedings, including information
relating to protest procedure,your attention is directed to the person designated below:
Tawnie Schraan, Associate Civil Engineer
City of Orange Public Works Department
300 East Chapman Avenue
Orange, California 92866
714) 744-5528
ADOPTED this 10th day of May 2022.
Mar A. Murphy, yor, C. f Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
Attachments:
City of Orange -Preliminary Engineer's Report—Landscape Maintenance District No. 86-2
City of Orange -Final Engineer's Report—Landscape Maintenance District No. 15-1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ORANGE
I, PAMELA COLEMAN, 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 10th day of May 2022, by the following vote:
AYES:COUNCILMEMBERS: Barrios, Dumitru, Tavoularis, Murphy
NOES:COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Monaco, Gutierrez
ABSTAIN: COUNCILMEMBERS: Nichols
Pamela Coleman, City Clerk, City of Orange
Resolution No. 11390 3
Engineer's Report
City of Orange
Landscape Maintenance District No. 86-2
CITY OF ORANGE
PRELIMINARY ENGINEER'S REPORT
FOR THE ANNUAL LEVY
ASSESSMENT LANDSCAPE MAINTENANCE
DISTRICT NO. 86-2
FISCAL YEAR 2022-2023
pRPOR9;:
f 'Q
LANDSCAPE MAINTENANCE DISTRICT NO. 86-2
SANTIAGO HILLS
Intent Meeting: May 10,2022
Public Hearing: June 14,2022
I
LMD 86-2 Preliminary ER FY 2022-23
1
Engineer's Report
City of Orange
Landscape Maintenance District No. 86-2
AFFIDAVIT FOR THE ENGINEER'S REPORT
This Report describes the City of Orange Landscape Maintenance District No. 86-2 and proposed
changes or modifications related thereto including the improvements,budgets, parcels and
assessments to be levied for Fiscal Year 2022-2023,pursuant to the City's Resolution of Intention.
Reference is hereby made to the Orange County Assessor's maps for a detailed description of the
lines and dimensions of parcels within the District. The undersigned respectfully submits the
enclosed Report as directed by the City Council.
e
Dated this / 8Y•Jdayof /2022.
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By: Q fottIC Stk.
Frank S n w,
HAssistanublicWorksDirector/ City Engineer
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2
Engineer's Report
City of Orange
Landscape Maintenance District No. 86-2
TABLE OF CONTENTS
AFFIDAVIT FOR THE ENGINEER'S REPORT 2
INTRODUCTION 4
PART I—PLANS AND SPECIFICATIONS 6
A. Description of the District 6
B. Improvements and Services 6
PART II—METHOD OF APPORTIONMENT 10
A. General 10
B. Benefit Analysis 10
C. Assessment Methodology 12
PART III—DISTRICT BUDGET 14
PART IV—DISTRICT DIAGRAMS 16
PART V—ASSESSMENT ROLL 18
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Engineer's Report
City of Orange
Landscape Maintenance District No. 86-2
INTRODUCTION
Pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the
California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the "1972
Act"), and in compliance with the substantive and procedural requirements of the California State
Constitution Articles XIIIC and XIIID (hereafter referred to as the "California Constitution"), the City
Council of the City of Orange, County of Orange, State of California (hereafter referred to as
City"), in connection with the annual levy and collection of assessments of the special benefit
assessment district designated as:
Landscape Maintenance District No. 86-2
hereafter referred to as the "District"), which includes all lots and parcels of land that specially
benefit from the improvements within the District. This Engineer's Report (hereafter referred to as
Report") has been prepared in connection with the annual levy and collections of assessments for
said District pursuant to Chapter 1,Article 4 of the 1972 Act.
The City Council proposes to levy and collect annual assessments on the County tax rolls to provide
ongoing funding for the costs and expenses required to service and maintain the landscaping
improvements originally installed in connection with the development of properties within the
District. The improvements to be provided by the District and the assessments described herein are
made pursuant to the 1972 Act.
This Report describes the District, the improvements, and the proposed assessments to be levied in
Fiscal Year 2022-2023 against properties in connection with the special benefits the properties will
receive from the maintenance and servicing of the District improvements. The annual assessments
to be levied on properties within the District will provide a funding source for the continued
operation and maintenance of local landscaping improvements installed in connection with the
development of properties within the District. The assessments described in this Report are based
on an estimate of the direct expenditures, incidental expenses, and fund balances that will be
necessary to maintain and service the improvements.
The word "parcel," for the purposes of this Report, refers to an individual property assigned its own
Assessor's Parcel Number (APN) by the Orange County Assessor's Office. The Orange County
Auditor/Controller uses Assessor's Parcel Numbers and specific Fund Numbers to identify
properties to be assessed on the tax roll for the special benefit assessments.
This Report has been prepared and presented to the City Council to address any proposed changes
to the District or improvements, if any, and the proposed budget and assessments for Fiscal Year
2022-2023. The City Council will conduct a noticed public hearing to consider public testimonies,
comments and written protests regarding the levy and collection of assessments for Fiscal Year
2022-2023. Upon conclusion of the public hearing, if majority protest does not exist the City
Council may approve this Report (as submitted or amended) and levy the assessments for Fiscal
Year 2022-2023. In such case, the assessments for fiscal year 2022-2023 shall be submitted to the
Orange County Auditor/Controller for inclusion on the property tax roll for each parcel. If the
proposed annual assessments for this District exceed the maximum assessment described herein (as
approved by the property owners), the new or increased assessment must be confirmed through
another property owner protest ballot proceeding before such an assessment may be imposed.
This Report consists of five (5) parts:
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Engineer's Report
City of Orange
Landscape Maintenance District No. 86-2
Part I
Plans and Specifications: A description of the District boundaries and the improvements
associated with the District. The District is being formed as a single benefit zone encompassing all
properties within the territory identified as Landscape and Maintenance District No 86-2.
Part II
The Method of Apportionment: A discussion of benefits the improvements and services provide
to properties within the District and the method of calculating each property's proportional special
benefit and annual assessment.
Part III
The District Budget: An estimate of the annual costs to operate, maintain and service the
landscaping and appurtenant facilities installed and constructed as part of the development of
properties within the District. This budget includes an estimate of anticipated direct maintenance
costs and incidental expenses. The special benefit assessments are based on the overall operation
costs minus any costs that are considered general benefit. The proposed assessments for Fiscal Year
2022-2023, and each subsequent year shall be based on the estimated net annual cost of operating,
maintaining and servicing the improvements for that fiscal year as well as funds to be collected in
installments to perform maintenance activities that cannot be reasonably collected in a single fiscal
year's assessments.
Part IV
District Diagram: A Diagram showing the exterior boundaries of the District is provided in this
Report and includes all parcels that will receive special benefits from the improvements. Reference is
hereby made to the Orange County Assessor's Parcel Maps for a detailed description of the lines
and dimensions of each lot and parcel of land within the District.
Part V
Assessment Roll: A listing of the proposed assessment amounts to be levied on Assessor's Parcel
within the District for Fiscal Year 2022-2023. The proposed assessment amount for each parcel is
based on the parcel's proportional special benefit as outlined in the method of apportionment.
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Engineer's Report
City of Orange
Landscape Maintenance District No. 86-2
PART I - PLANS AND SPECIFICATIONS
A. Description of the District
The assessment district boundary is shown on a map entitled Assessment Diagram, Landscape
Maintenance District No. 86-2, City of Orange, which is on file with the City Clerk of the City of
Orange.A reduced scale copy of the Diagram can be found in Part IV of this document.
B. Improvements and Services
Improvements and Services Permitted Pursuant to the 1972 Act
As generally defined by the Landscaping and Lighting Act of 1972 and applicable to this District,the
improvements and associated assessments may include one or more of the following:
1) The installation or planting of landscaping;
2) The installation or construction of statuary, fountains, and other ornamental structures and
facilities;
3) The installation or construction of any facilities which are appurtenant to any of the foregoing or
which are necessary or convenient for the maintenance or servicing thereof;
4) The installation of park or recreational improvements, including, but not limited to, all of the
following:
a) Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation
systems, sidewalks, and drainage.
b) Lights,playground equipment,play courts, and public restrooms.
5) The maintenance or servicing, of any of the'foregoing including the furnishing of services and
materials for the ordinary and usual maintenance, operation, and servicing of any improvement
including but not limited to:
a) Repair,removal,or replacement of all or any part of any improvements;
b) Grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls,
sidewalks, or paving, or water,irrigation,drainage, or electrical facilities;
c) Providing for the life, growth, health, and beauty of landscaping, including cultivation,
irrigation, trimming,spraying, fertilizing,or treating for disease or injury;
d) The removal of trimmings,rubbish,debris, and other solid waste;
e) The cleaning, sandblasting, and painting of walls and other improvements to remove or
cover graffiti;
f) Electric current or energy,gas, or other illuminating agent for any public lighting facilities or
for the lighting or operation of any other improvements;
g) Water for the irrigation of any landscaping, the operation of any fountains, or the
maintenance of any other improvements.
6) Incidental expenses associated with the improvements including,but not limited to:
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Engineer's Report
City of Orange
Landscape Maintenance District No. 86-2
a) The cost of preparation of the report, including plans, specifications, estimates, diagram, and
assessment;
b) Compensation payable to the County for collection of assessments;
c) Compensation of any engineer or attorney employed to render services;
d) Any other expenses incidental to the construction,installation, or maintenance and servicing
of the improvements;
Description of Planned Improvements
The landscape improvements are generally described as follows:
a) Parkway and Recreation Areas:
Newport Boulevard - approximately 18-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.
Chapman Avenue - approximately 18-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.
Canyon View Avenue - approximately 30-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.
White Oak Ridge — approximately 17-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.
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.
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.
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.
Handy Creek Road - approximately 10-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.
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Engineer's Report
City of Orange
Landscape Maintenance District No. 86-2
Fort Road - approximately 17-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.
Santiago Canyon Road - approximately 18-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 Road.
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.
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.
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.
Additional Areas - areas adjacent to the 18-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
Chapman Avenue- 14-foot wide median from Newport Boulevard to Jamboree Road.
White Oak Ridge - 14-foot wide medians at Newport Boulevard and Canyon View
Avenue.
Trails End Lane - 14-foot wide median from White Oak Ridge to Chapman Avenue.
Jamboree Road - 24-foot wide median from southerly City limits to Santiago Canyon
Road.
Santiago Canyon Road-Variable width from Newport Boulevard to Jamboree Road.
Newport Boulevard - 22-foot wide median from Chapman Avenue to Santiago Canyon
Road.
c) The following items are excluded from the Maintenance District:
The 8 +/- acre park is excluded from this Landscape Maintenance District.
Sidewalks along all Maintenance District streets are excluded from this Landscape
Maintenance District.
The equestrian trail along Canyon View Avenue is excluded from this Landscape
Maintenance District.
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Engineer's Report
City of Orange
Landscape Maintenance District No. 86-2
d) Maintenance shall include,but not be limited to:
repair, removal, replacement or installation of all or any part of any included
improvement such as storm drains and pedestrian walkways in the paseos;
providing for the life, growth, health, and beauty of landscaping, including cultivation,
irrigation,trimming, spraying, fertilizing, and treating for disease or injury;and
the removal of trimmings, rubbish,debris, and other solid waste.
The maintenance of the District improvements generally include, but are not limited to all materials,
equipment, utilities, labor and incidental expenses including administrative expenses for annual
operation of the District as well as the performance of occasional repairs, replacement and expanded
maintenance activities associated with those improvements. Detailed maps and descriptions of the
location and extent of the improvements to be maintained by the District are on file at the City and
by reference are made part of this Report.
The estimated annual cost to provide and maintain the improvements within the District shall be
allocated to each property in proportion to the special benefits received. The Method of
Apportionment described in this Report utilizes commonly accepted assessment engineering practices
and has been established pursuant to the 1972 Act and the provisions of the California Constitution.
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Engineer's Report
City of Orange
Landscape Maintenance District No. 86-2
PART II — METHOD OF APPORTIONMENT
A. General
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of
providing certain public improvements,which include the construction, maintenance, and servicing of
public landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these
improvements be levied according to benefit rather than assessed value:
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 parcelfrom the improvements."
The method of apportionment described in this Report for allocation of special benefit assessments
utilizes commonly accepted engineering practices and have been established pursuant to the 1972 Act
and the provisions of the California Constitution. The formula used for calculating assessments in this
District reflect the composition of the parcels, and the improvements and services provided, to fairly
apportion the costs based on benefit to each parcel.
B. Benefit Analysis
Each of the proposed improvements, the associated costs and assessments have been carefully
reviewed, identified and allocated based on special benefit pursuant to the provisions of the California
Constitution and 1972 Act. The improvements provided by this District and for which properties will
be assessed have been identified as necessary, required and/or desired for the orderly development of
the residential properties within the District to their full potential. As such, the ongoing operation,
servicing and maintenance of these improvements would be the financial obligation of those properties.
Therefore, the improvements and the annual costs of ensuring the maintenance and operation of the
improvements are a distinct and special benefit to the residential properties within the District.
Special Benefit
The method of apportionment (method of assessment) established herein is based on the premise that
each assessed parcel within the District receives special benefits from the improvements and the
desirability and security of those properties is enhanced by the presence of well-maintained landscaping
in close proximity to those properties.
The special benefits associated with the landscaping and open space improvements are specifically:
Enhanced desirability of properties through association with the improvements.
Improved aesthetic appeal of properties providing a positive representation of the area and
properties.
Enhanced adaptation of the urban environment within the natural environment from adequate
green space and landscaping.
Environmental enhancement through improved erosion resistance,dust and debris control,and
fire prevention.
Increased sense of pride in ownership of property within the District resulting from well-
maintained improvements associated with the properties.
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Engineer's Report
City of Orange
Landscape Maintenance District No. 86-2
Enhanced quality of life through well-maintained green space and landscaped areas.
Reduced criminal activity and property-related crimes (especially vandalism) against properties
in the District through well-maintained surroundings and amenities including abatement of
graffiti.
Enhanced environmental quality of the parcels by moderating temperatures, providing
oxygenation and attenuating noise.
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 Santiago Hills Park. The improvements in these areas consist
of trees, shrubs,ornamental vegetation,and appurtenant improvements.
The improvements extend throughout the development area and serve several purposes. The
landscaped parkways along the streets and highways enhance the public walkways throughout the
District and allow pedestrian access to the residents in the area. These parkways also provide passive
and active recreational uses as well as the aesthetic enhancement for the total development area.
Landscaped median islands also provide similar enhancements for the residents in the area.
The landscaped recreation/pedestrian corridors throughout the District provide for open space and
recreational uses,which connect to the park 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.
Maintenance of these public improvements primarily renders a people oriented benefit to the properties
within the boundaries of the 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.
The preceding special benefits all contribute to the overall esthetic value and desirability of each of the
assessed parcels within the District and thereby provide a special enhancement to these properties.
Furthermore, it has been determined that the lack of funding to properly service and maintain the
improvements would likely have a direct negative impact on the properties within the District.
General Benefit
In reviewing the District improvements,the proximity of those improvements to both properties within
the District and those outside the District as well as the reasons for installing and constructing such
improvements,it is evident that the improvements are solely the result of developing properties within
the District and the ongoing maintenance and operation of these improvements will directly affect the
properties within the District. Although the improvements are visible to the public at large, the
construction and installation of these improvements were necessary for the development of properties
within the District and are not required nor necessarily desired by any properties or developments
outside the District boundary and any public access or use of the improvements by others is incidental.
Therefore, it has been determined that the improvements and the ongoing maintenance, servicing and
operation of those improvements provide no measurable general benefit to properties outside the
District or to the public at large,but clearly provide distinct and special benefits to properties within the
District.
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Engineer's Report
City of Orange
Landscape Maintenance District No. 86-2
C. Assessment Methodology
The benefit formula used to determine the assessment obligation for each parcel should be based upon
both the improvements that benefit the parcels as well as the use of each property as compared to other
parcels that benefit from those specific improvements. The method of apportionment established for
most benefit assessment districts utilizes a weighted method of apportionment known as an
Equivalent Benefit Unit (EBU) methodology The Equivalent Benefit Unit method of apportionment
uses the single-family home site as the basic unit of assessment. A single-family residential property
equals one Equivalent Benefit Unit ("EBU"). Every other land use is converted to EBUs based on an
assessment formula that equates the property's specific development status, type of development (land
use),and size of the property,as compared to a single-family home site.
The EBU method of apportioning benefit is typically seen as the most appropriate and equitable
assessment methodology for districts formed under the 1972 Act,as the benefit to each parcel from the
improvements are apportioned as a function of land use type,size and development.
EBU Application by Land Use:
Single-Family Residential—This land use is defined as a fully subdivided residential home site with
or without a structure.This land use is assessed 1.0 EBU per lot or parcel.This is the base value that the
other land use types are compared and weighted against(i.e. Equivalent Benefit Unit or EBU).
Multi-Family Residential—This land use is defined as a fully subdivided residential parcel that has
more than one residential unit developed on the property. This land use is assessed 0.6 EBU per
dwelling unit.
Mixed Use Property — This land use is defined as property developed for either commercial or
industrial use.This land use type is assessed at 11.0 EBUs per gross acre.
Exempt Parcels—This land use identifies properties that are not assessed and are assigned 0.0 EBU.
This land use classification may include, but is not limited, to lots or parcels identified as public streets
and other roadways (typically not assigned an APN by the County); dedicated public easements, open
space areas and right-of-ways including greenbelts and parkways; utility right-of-ways; common areas,
sliver parcels and bifurcated lots or any other property that cannot be developed; park properties and
other publicly owned properties that are part of the District improvements or that have little or no
improvement value. These types of parcels are considered to receive little or no benefit from the
improvements and are therefore exempted from assessment.
Lots 9, 10, 11, 15, and 19 of Tract No. 12417 have been assigned 0.0 EBU because they have been
excluded from the District. The cost of maintaining the landscape improvements on these publicly
owned parcels is not paid 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 following table provides a listing of land use types, land use code designations, the Equivalent
Benefit Unit factor applied to that land use type, and the multiplying factor used to calculate each
parcel's individual EBU.
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Engineer's Report
City of Orange
Landscape Maintenance District No. 86-2
Land Use Codes and Equivalent Benefit Units
Property Type Equivalent Benefit Multiplier
Unit
Single-family Residential 1.000 Unit/Lot/Parcel
Multi family Residential 0.600 Units/Dwelling Units
Mixed Use 11.000 Acreage
Exempt 0.000 Parcel
The benefit formula applied to parcels within the District is based on the preceding Equivalent
Benefit Unit (EBU) table. Each parcel's EBU correlates the parcel's special benefit received as
compared to the other parcels benefiting from the improvements.
The following formula is used to calculate each parcel's EBU (proportional benefit).
Parcel Type EBU x Multiplier (Acres or Unit) = Parcel's EBU
The total number of Equivalent Benefit Units (EBUs) is the sum of all individual EBUs applied to
parcels that receive a special benefit from the improvement. An assessment amount per EBU (Rate)
for each improvement is established by taking the total cost of the improvement and dividing that
amount by the total number of EBUs of parcels benefiting from the improvement. This Rate is then
applied back to each parcel's individual EBU to determine the parcel's proportionate benefit and
assessment obligation for that improvement.
The Maximum allowable assessment rate of $369.44 EBU (single family) generates an assessment
total of$533,650.77.
Total Balance to Levy/Total EBU =Assessment Rate per EBU
Assessment Rate per EBU x Parcel's EBU =Parcel's Assessment
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Engineer's Report
City of Orange
Landscape Maintenance District No. 86-2
PART III - DISTRICT BUDGET
The following budget outlines the estimated costs to maintain the improvements for 2022-2023.
ANNUAL LEVY OF ASSESSMENT
LANDSCAPE MAINTENANCE DISTRICT NO. 86-2
City of Orange
ESTIMATED COSTS
OPERATION&MAINTENANCE FUND BALANCE FROM PRIOR YEARS
Estimated Fund Balance (Includes 15-1 & 86-2) as of March 2022 375,279
The estimated budget necessary for the 2022-2023 Fiscal Year for the District is as follows:
BUDGET ITEM COST
ANNUAL MAINTENANCE
Landscaping 391,321
Tree Trimming 165,000
Electrical Maintenance 40,000
Misc. Contract Services 0
Repair/Maintenance Services 57,051
Supplies 8,500
Other Professional Services 1,000
Telephone 1,000
Electricity 20,000
Water 168,000
Salaries&Benefits 40,770
City Administrative Services 25,000
Capital Replacement/Dedicated Reserves 0
TOTAL EST. LANDSCAPE MAINTENANCE EXPENTITURES 917,642
ESTIMATED REVENUE
Landscape Maintenance District No. 86-2 533,651
Rancho Santiago Community College District 30,191
Proposed Benefit Assessment FY 2022/23 (LMD 15-1)
See LMD 15-1 Engineer's Report for specifics) 346,478
CPI Adjustment(Current Year 3.0%) 10,395
Unused CPI Adjustment(Carry over from prior years) 0
TOTAL ESTIMATED REVENUE 920,715
14
Engineer's Report
City of Orange
Landscape Maintenance District No. 86-2
SURPLUS FUNDS TO BE ADDED TO RESERVES 3,073
This Budget Estimate is for the purpose of establishing an Annual
Assessment. It may vary from the adopted City Budget. All assessments
collected by the District may only be used for District expenditures
regardless of the Budget Estimate.
BALANCE TO LEVY 533,651
15
Engineer's Report
City of Orange
Landscape Maintenance District No. 86-2
PART IV- DISTRICT DIAGRAMS
The parcels within the Landscape Maintenance District No 86-2 consist of all lots, parcels and
subdivisions of land located in the planned residential development known as Santiago Hills.
The following diagram incorporates all parcels within the District, as the same existed at the time
this Report was prepared. The combination of this map and the Assessment Roll contained in this
Report constitute the Assessment Diagram for the Landscape and Maintenance District No. 86-2.
16
Engineer's Report
City of Orange
Landscape Maintenance District No. 86-2
1
i
C
TotalPotaintainedArea =1,297,585sgftF
Area Adjacent to Santiago
r Canyon College 84,538 sq ft
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LMD 86-2 SANTIAGO HILLS I
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s Maintained By
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Futl,c',yaks Craa4arv_nl L._._.----lii '!
17
Engineer's Report
City of Orange
Landscape Maintenance District No. 86-2
PART V-ASSESSMENT ROLL
Parcel identification for each lot or parcel within the District is based on available parcel maps and
property data from the Orange County Assessor's Office, as they existed at the time this Engineer's
Report was prepared and the City Council adopted the Resolution of Intention. A listing of the lots
and parcels to be assessed within this District along with the assessment amounts is provided herein.
If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid
parcel number for the fiscal year, a corrected parcel number and/or new parcel numbers will be
identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied
and collected for the resubmitted parcel or parcels shall be based on the method of apportionment
and assessment rate described in this Report as approved by the City Council. Therefore, if a single
parcel is subdivided to multiple parcels, the assessment amount applied to each of the new parcels
shall be recalculated and applied according to the approved method of apportionment and
assessment rate rather than a proportionate share of the original assessment.
The following is a list of the parcels and proposed assessment amounts for Fiscal Year 2022-2023
for each of the parcels within the District as determined by the assessment rates and method of
apportionment described herein:
18
Engineer's Report
City of Orange
Landscape Maintenance District No. 15-1
CITY OF ORANGE
PRELIMINARY ENGINEER'S REPORT
FOR THE ANNUAL LEVY
ASSESSMENT LANDSCAPE MAINTENANCE
DISTRICT NO. 15-1
FISCAL YEAR 2022-2023
FOB
OµPORgT •+.
a
Fc s: =oN1Y
LANDSCAPE MAINTENANCE DISTRICT NO. 15-1
SANTIAGO HILLS
Intent Meeting: May 10,2022
Public Hearing: June 14,2022
I
LMD 15-1 Preliminary ER FY 2022-23
1
Engineer's Report
City of Orange
Landscape Maintenance District No. 15-1
AFFIDAVIT FOR THE ENGINEER'S REPORT
This Report describes the City of Orange Landscape Maintenance District No. 15-1 and proposed
changes or modifications related thereto including the improvements, budgets,parcels and
assessments to be levied for Fiscal Year 2022-2023,pursuant to the City's Resolution of Intention.
Reference is hereby made to the Orange County Assessor's maps for a detailed description of the
lines and dimensions of parcels within the District. The undersigned respectfully submits the
enclosed Report as directed by the CitynCouncil.
Dated this /4/
c Aday of 2022.pf ESS
4.3
By: co No. 52835 A
Frank Su
Assistant ublic Works Director/ City Engineer sr. k
q) C1V14`
1F0#
2
Engineer's Report
City of Orange
Landscape Maintenance District No. 15-1
TABLE OF CONTENTS
AFFIDAVIT FOR THE ENGINEER'S REPORT 2
INTRODUCTION 4
Overview 4
District's Facilities 4
Assessment Background 4
PLANS & SPECIFICATIONS 5
FISCAL YEAR 2022-23 ESTIMATE OF COST AND BUDGET 8
Budget for Fiscal Year 2022-23 8
METHOD OF APPORTIONMENT 10
Method of Apportionment 10
Discussion of Benefit 10
Benefit Factors 11
Benefit Finding 14
Zones of Benefit 17
Method of Assessment 18
Residential Properties 19
Commercial Properties 20
Vacant/Undeveloped Properties 21
Other Properties 21
Annual Cost Indexing 22
Appeals of Assessments Levied to Property 22
Assessment Funds Must Be Expended Within the District Area 23
ASSESSMENT 24
ASSESSMENT DIAGRAM 25
ASSESSMENT ROLL 27
3
Engineer's Report
City of Orange
Landscape Maintenance District No. 15-1
INTRODUCTION
Overview
The City of Orange (the "City") services and maintains perimeter and median landscaping, interior
walkways and paseos, and other improvements ("Improvements") in the Santiago Hills
neighborhoods in the eastern part of the City. This Engineer's Report ("Report") was prepared to
establish the budget for the Improvements (as described below) that will be funded by the new
2022-2023 assessments, if approved, and other revenue, to determine the general and special
benefits received from the Improvements by property within the Improvement District ("District"),
and to determine the method of assessment apportionment to lots and parcels. This Report and the
assessments have been made pursuant to the Landscaping and Lighting Act of 1972, Part 2 of
Division 15 of the California Streets and Highways Code (the "Act") and Article XIIID of the
California Constitution (the "Article").
Landscape Maintenance District (LMD) No. 15-1 was formed in 2015. This assessment district is
identical to the existing Landscape Maintenance District No. 86-2 in its geographic boundaries,
parcels to be assessed, Improvements to be serviced, maintained, or repaired and budgeted cost
centers. The assessments collected,if approved,will be in addition to those collected for Landscape
Maintenance District 86-2.
District's Facilities
The City's landscape facilities to be funded by assessments within this District are located in the
Santiago Hills neighborhoods of the City. The Improvements generally include entrance signs,
traffic islands and medians, parkways, recreation areas, paseos, lighting, and the infrastructure
required to support these Improvements.
Assessment Background
The City formed Landscape Maintenance District No. 86-2 in 1987 to service and maintain the
specific landscape facilities and improvements relevant to this report. Revenues from that district
remain relatively flat, there is not an inflation adjustment provision,while the costs to maintain and
service these facilities and improvements have risen steadily. In 2007 the City began to decrease
service levels in an effort to contain costs within available revenues. The service levels continued to
decrease to offset the effects of rising utilities, labor and materials costs until the creation of LMD
No. 15-1.
In order to restore service levels and make needed repairs and improvements to the District's
facilities, the LMD No. 15-1 that exactly overlaid the existing assessment district,was formed.
4
Engineer's Report
City of Orange
Landscape Maintenance District No. 15-1
PLANS & SPECIFICATIONS
The City maintains landscaping and other improvements in locations within the proposed
Assessment District's boundaries. The work and improvements proposed to be undertaken by the
Landscape Maintenance District No. 15-1 and the cost thereof paid from the levy of the annual
Assessment provide special benefit to Assessor Parcels within the District as defined in the Method
of Assessment herein. In addition to the definitions provided by the Landscaping and Lighting Act
of 1972, (the "Act") the work and improvements are generally described as follows:
Entrance Sign
The entrance signs with landscape improvements to be maintained are to be located at the following
locations within the District:
Chapman Avenue at Newport Boulevard (southeast corner)
Newport Boulevard at Canyon View Avenue (northeast corner)
Parkways and Recreation Areas
The landscaped parkways and recreation areas to be maintained by the District are located as
follows:
Newport Boulevard—approximately 18-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 Santiago Canyon Road to 312 feet south of the centerline of Skylark Place.
Chapman Avenue — approximately 18-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 both
sides from Newport Boulevard to Jamboree Road.
Canyon View Avenue — approximately 30-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 both sides from Newport Boulevard to Jamboree Road.
White Oak Ridge — approximately 17-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 both
sides from Newport Boulevard to Canyon View Avenue.
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 sidewalk), both zones from
the back of the curb to the property line, and corner cutoffs at intersections, from White
Oak Ridge to Chapman Avenue.
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 Aspen Street (Lot 20, a portion of Lot 11, and Lot D of Tract 12417) including concrete
walkways which also serve as emergency access ways.
Paseo—approximately 50-foot wide zone from Santiago Hills 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.
Aspen Street — approximately 10-foot wide zone (including the width of the sidewalk) on
south side from the back of the curb to the property line from the end of Handy Creek
5
Engineer's Report
City of Orange
Landscape Maintenance District No. 15-1
Corridor (Lot D, Tract No. 12417) near Canyon View Avenue to the northerly terminus of
the street.
Fort Road—approximately 17-foot wide zone (including the width of the sidewalk) from the
back of the curb to the property line on south side from White Oak Ridge to Jamboree
Road.
Santiago Canyon Road — approximately 18-foot wide zone (including the width of the
sidewalk) from the back of the curb to the property line on north and south sides from
Newport Boulevard to Jamboree Road.
Old Camp Road — approximately 4-foot wide zone from the back of the curb to the
property line on both sides from Canyon View Avenue to northerly terminus of the street.
Skylark Place— approximately 18-foot wide zone (including the width of the sidewalk) from
the back of the curb to the property line on both sides from White Oak Ridge to Newport
Boulevard.
Jamboree Road— variable width zone (including width of the bike trail-sidewalk) from back
of the curb to the property line on the west side from Canyon View Avenue to Santiago
Canyon Road.
Additional Areas — areas adjacent to the 18-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 to the District's.
Traffic Islands and Medians
The landscaped islands and medians to be maintained by the District are located as follows:
Chapman Avenue— 14-foot wide median from Newport Boulevard to Jamboree Road.
White Oak Ridge— 14-foot wide medians at Newport Boulevard and Canyon View Avenue.
Trails End Lane—14-foot wide median from White Oak Ridge to Chapman Avenue.
Jamboree Road—24-foot wide median from southerly City limits to Santiago Canyon road.
Santiago Canyon Road—Variable width from Newport Boulevard to Jamboree Road.
Newport Boulevard — 22-foot wide median from Chapman Avenue to Santiago Canyon
Road.
Excluded Improvements
The following items are excluded from the District:
The 8+/-acre park is excluded from this District
The City's public safety facility on East Fort Road is excluded from this District
Chapman Hills Elementary School is excluded from this District
Santiago Canyon College is excluded from this District (Note that while some public
improvements along the College frontage are maintained along with District Improvements,
the College pays directly into the District's fund to compensate for that work)
Sidewalks along all streets within the District are excluded
The Equestrian trail along Canyon View Avenue is excluded from this District
Definitions
Installation, maintenance and servicing of Improvements, may include, but are not limited to, turf
and play areas, landscaping, ground cover, shrubs and trees, irrigation systems, sidewalks, parking
6
Engineer's Report
City of Orange
Landscape Maintenance District No. 15-1
lots, drainage systems, lighting, fencing, entry monuments, recreational facilities, security patrols to
protect the Improvements,graffiti removal and repainting, and labor, materials, supplies,utilities and
equipment,as applicable,at each of the locations owned,operated or maintained by the District.
As applied herein, "Installation" means the construction of Improvements, including, but not
limited to, land preparation (such as grading, leveling, cutting and filling), sod,landscaping,irrigation
systems,walkways and drainage,lights, and recreational facilities.
Maintenance" means the furnishing of services and materials for the ordinary and usual
maintenance, operation and servicing of any Improvement,including repair,removal or replacement
of all or any part of any Improvement; providing for the life, growth, health, and beauty of
landscaping, including cultivation,irrigation, trimming, spraying, fertilizing, or treating for disease or
injury; the removal of trimmings, rubbish, debris, and other solid waste, and the cleaning,
sandblasting, and painting of walls and other Improvements to remove or cover graffiti.
Servicing" means the furnishing of electric current, or energy, gas or other illuminating agent for
any public lighting facilities or for the lighting or operation of any other Improvements; or water for
the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other
Improvements.
Incidental expenses include all of the following: (a) The costs of preparation of the report, including
plans, specifications, estimates, diagram, and Assessment; (b) the costs of printing, advertising, and
the giving of published, posted, and mailed notices; (c) compensation payable to the County for
collection of Assessments; (d) compensation of any engineer or attorney employed to render
services in proceedings pursuant to this part; (e) any other expenses incidental'to the construction,
installation, or maintenance and servicing of the Improvements; (f) any expenses incidental to the
issuance of bonds or notes pursuant to Streets & Highways Code Section 22662.5; and (g) costs
associated with any elections held for the approval of a new or increased assessment (Streets &
Highways Code §22526).
Modifications to the District structure could include, but are not limited to, substantial changes or
expansion of the Improvements provided, substantial changes in the service provided, modifications
or restructuring of the District including annexation or detachment of specific parcels, revisions in
the method of apportionment, or proposed new or increased assessments.
The Assessment proceeds will be exclusively used for Improvements within the District plus
incidental expenses.
7
Engineer's Report
City of Orange
Landscape Maintenance District No. 15-1
FISCAL YEAR 2022-23 ESTIMATE OF COST AND BUDGET
Budget for Fiscal Year 2022-23
The following budget shows the cost of the Improvements that would be funded by the District in
Fiscal Year 2022-23. This table shows the total combined expenditures associated with the
Improvements for both Landscape Maintenance Districts (No. 15-1 and No. 86-2). Accordingly,
revenues from both Districts are also shown.
OPERATION&MAINTENANCE FUND BALANCE FROM PRIOR YEARS
Estimated Fund Balance(Includes 15-1 & 86-2) as of March 2022 375,279
The estimated budget necessary for the 2022-2023 Fiscal Year for the District is as follows:
BUDGET ITEM COST
ANNUAL MAINTENANCE
Landscaping 391,321
Tree Trimming 165,000
Electrical Maintenance 40,000
Misc. Contract Services 0
Repair/Maintenance Services 57,051
Supplies 8,500
Other Professional Services 1,000
Telephone 1,000
Electricity 20,000
Water 168,000
Salaries &Benefits 40,770
City Administrative Services 25,000
Capital Replacement/Dedicated Reserves 0
TOTAL EST. LANDSCAPE MAINTENANCE EXPENDITURES 917,642
ESTIMATED REVENUE
Landscape Maintenance District No. 86-2 533,651
See LMD 86-2 Engineer's Report for specifics)
Rancho Santiago Community College District 30,191
Proposed Benefit Assessment FY 2022-23 (LMD 15-1)
See LMD 15-1 Engineer's Report for specifics) 346,478
CPI Adjustment(Current Year 3.0%)4 10,395
Unused CPI Adjustment(Carry over from prior years) 0
TOTAL ESTIMATED REVENUE 920,715
8
Engineer's Report
City of Orange
Landscape Maintenance District No. 15-1
SURPLUS FUNDS TO BE ADDED TO RESERVES 3,073
District Expenditures will be adjusted to match the maximum allowable
assessment.
This Budget Estimate is for the purpose of'establishing an Annual
Assessment. It may vary from the adopted City Budget. All assessments
collected by the District may only be used for District expenditures
regardless of the Budget Estimate.
BALANCE TO LEVY 356,873
Notes to Estimate of Costs:
1. The Act requires that proceeds from the Assessments must be deposited into a special fund that
has been set up for the revenues and expenditures of the District. Moreover, funds raised by the
Assessment shall be used only for the purposes stated within this Report. Any balance remaining at
the end of the Fiscal Year,June 30, must be carried over to the next Fiscal Year. The District may
also establish a dedicated reserve fund for contingencies and special projects as well as a dedicated
capital improvement fund for accumulating funds for larger capital improvement projects or capital
renovation needs. Any remaining balance would either be placed in the dedicated reserve fund, the
capital improvement fund, or would be used to reduce future years'Assessments.
2. The rate shown here is for a single family home or its equivalent. For the definition of the term
SFE and rates for other types of property, see the section titled, "Method of Assessment
Apportionment" and the sections following it in this report.
3. The total cost of the services and Improvements is the total assessment amount of$346,478 plus
the value of the general benefit contributions from the City described in the section titled, "Method
of Assessment Apportionment."
4. The Assessment allows for an annual adjustment tied to the Consumer Price Index (the "CPI"),
as detailed in the section titled "Method of Apportionment — Annual Cost Indexing." For Fiscal
Year 2022-2023, the CPI is 6.6% for the Los Angeles-Long Beach-Anaheim area as of December
2021. Due to the remaining fund balance from Fiscal Year 2021-22, the Community Services
Department staff recommends setting the CPI adjustment at 3.0% (maximum allowed) for Fiscal
Year 2022-2023.
9
Engineer's Report
City of Orange
Landscape Maintenance District No. 15-1
METHOD OF APPORTIONMENT
Method of Apportionment
This section of the Engineer's Report explains the benefits to be derived from the Improvements
and the methodology used to apportion the total assessment to properties within the District.
The method used for apportioning the Assessment is based upon the relative special benefits to be
derived by the properties in the District over and above general benefits conferred on real property
or to the public at large. The Assessment is apportioned to lots and parcels in proportion to the
relative special benefit from the Improvements. The apportionment of special benefit is a two-step
process: the first step is to identify the types of special benefit arising from the Improvements and
the second step is to allocate the Assessments to property based on the estimated relative special
benefit for each type of property.
This section of the Engineer's report includes a discussion of the benefits to be provided by the
proposed Improvements and the method of apportionment of assessments within the District. The
formula below identifies the final level of service as the sum of the baseline level of service (without
this proposed Assessment) and the enhanced level of service to be funded by the proposed
Assessment.
Final Level _ Baseline Level Enhanced Level
of Service of Service of Service
Discussion of Benefit
In summary, the Assessments can only be levied based on the special benefit to property. This
benefit is received by property over and above any general benefits. With reference to the
requirements for assessments, Section 22573 of the Landscaping and Lighting Act of 1972 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."
Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that
assessments must be based on the special benefit to property and that the value of the special
benefits must be equal to or exceed the cost of the assessment:
No assessment shall be imposed on a/y parcel which exceeds the reasonable cost of the proportional special benefit
conferred on that parcel."
The following benefit categories summarize the types of special benefit to residential, commercial,
industrial and other lots and parcels resulting from the Improvements to be provided with the
assessment proceeds. These types of special benefits are summarized as follows:
A. Proximity to Improved Landscaped Areas and Other Public Improvements within the
District.
B. Access to Improved landscaped areas and Other Public Improvements within the District.
10
Engineer's Report
City of Orange
Landscape Maintenance District No. 15-1
C. Improved Views within the District.
D. Extension of a property's outdoor areas and green spaces for properties within close
proximity to the Improvements.
E. Creation of individual lots for residential and commercial use that, in absence of the
Assessments,would not have been created.
In this case, the recent Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority
SVTA) decision in 2008 provides enhanced clarity to the definitions of special benefits to
properties from similar improvements in three distinct areas:
Proximity
Expanded or improved access
Views
The SVTA decision also clarifies that a special benefit is a service or improvement that provides a
direct advantage to a parcel and that indirect or derivative advantages resulting from the overall
public benefits from a service or improvement are general benefits. The SVTA decision also
provides specific guidance that Improvements are a direct advantage and special benefit to property
that is proximate to a facility that is improved by an assessment:
The characterisation of a benefit may depend on whether the parcel receives a direct advantage from the
improvement (e.g. proximity to a park) or receives an indirect, derivative advantage resulting from the overall
public benefits of the improvement(e.g.general enhancement of the district's proper y values).
Proximity, improved access and views, in addition to the other special benefits listed herein further
strengthen the basis of these Assessments.
Moreover, the Dahms v. Downtown Pomona Prop. & Bus. Improvement Dist. (Dahms) decision in 2009
further clarified that certain services and Improvements funded by assessments, that are over and
above what otherwise would be provided and that other property in general and the public do not
share or receive are 100% special benefit. The assessment-funded services upheld by Dahms included
streetscape maintenance and security services.
Benefit Factors
The special benefits from the Improvements are further detailed below:
Proximity to Improved Landscaped Areas within the District
The boundaries of the District were developed in conjunction and concurrent with the planning and
design of the subdivisions and Improvements, and thus have been carefully drawn to only include
the properties in the City of Orange that are proximate to the Improvements and that would
materially benefit from the Improvements. In other words, the District has been narrowly drawn to
include the properties that receive special benefits from the Improvements. Therefore, property in
the District enjoys unique and valuable proximity to the Improvements that the public at large and
property outside the District do not share.
In the absence of the Assessments, the Improvements would not be provided and the public
improvements funded in the District would be degraded due to insufficient funding for
maintenance, upkeep and repair. Therefore, the Assessments provide Improvements that are over
and above what otherwise would be provided. Improvements that are over and above what
otherwise would be provided do not by themselves translate into special benefits but when
11
Engineer's Report
City of Orange
Landscape Maintenance District No. 15-1
combined with the unique proximity and access enjoyed by parcels in the District, they provide a
direct advantage and special benefit to property in the District.
Access to Improved Landscaped Areas within the District
Since the parcels in the District are nearly the only parcels that enjoy close access to the
Improvements, they directly benefit from the unique close access to improved landscaping areas and
other public improvements that are provided by the Assessments. This is a direct advantage and
special benefit to property in the District.
Improved Views within the Assessment Districts
The City, by maintaining permanent public improvements funded by the Assessments in the
District, provides improved views to properties in the District. The properties in the District enjoy
close and unique proximity, access and views of the specific Improvements funded in the District;
therefore, the improved and protected views provided by the Assessments are another direct and
tangible advantage that is uniquely conferred upon property in the District.
Extension of a Property's Outdoor Areas and Green Spaces for Properties within Close
Proximity to the Improvements
In large part because it is cost prohibitive to provide large open land areas on property in the
District, the residential, commercial and other benefiting properties in the District do not have large
outdoor areas and green spaces. The Improvements within the District provide additional outdoor
areas that serve as an effective extension of the land area for proximate properties because the
Improvements are uniquely proximate and accessible to property in close proximity to the
Improvements. The Improvements, therefore, provide an important, valuable and desirable
extension of usable land area for the direct advantage and special benefit of properties in the District
because such properties have uniquely good and close proximity to the Improvements.
Creation of Individual Lots for Residential and Commercial Use that, in Absence of the
Assessments,Would Not Have Been Created
In most of the District, the original owner/developer(s) of the property within the District agreed
unanimously to the Assessments. The Assessments provide the necessary funding for public
improvements that were approved as a condition of development and subdivision approval.
Therefore, such Assessments allowed the original property to be subdivided and for development of
the parcels to occur. As parcels were sold, new owners were informed of the Assessments through
the title reports, and in some cases, through Department of Real Estate "White Paper" reports that
the parcels were subject to assessment. Purchase of property was also an "agreement" to pay the
Assessment. Therefore, in the absence of the Assessments, the lots within most of the District
would not have been created. These parcels, and the Improvements that were constructed on the
parcels,receive direct advantage and special benefit from the Assessments.
12
Engineer's Report
City of Orange
Landscape Maintenance District No. 15-1
Summary of Relative Weight of Benefit Factors
A solid argument could be made that the Creation of Individual Lots benefit comprises 100% of the
benefit because the Improvements were incorporated into the original planning and design of the
subdivision, and thus were deemed to be necessary and required for the development of the lot.
Without those Improvements and associated benefit, the lots would not have been created in the
first place. Nevertheless, four other definitive benefits accruing to the parcels within the District are
identified, and an allowance should be made within the overall relative importance of benefits. The
table below illustrates the relative benefit level of the five identified benefits used in this Report.
Benefit Factor Relative Weight
Proximity 10%
Access 10%
Views 10%
Outdoor Area or Green Space Extension 10%
Creation of Individual Lots for Development 60%
Total Benefit 100%
General Versus Special Benefit
Article XIIIC of the California Constitution requires any local agency proposing to increase or
impose a benefit assessment to "separate the general benefits from the special benefits conferred on
a parcel." The rationale for separating special and general benefits is to ensure that property owners
subject to the benefit assessment are not paying for general benefits. An assessment can fund special
benefits but cannot fund general benefits. Accordingly, a separate estimate of the special and
general benefit is given in this section.
In other words:
Total _ General Special
Benefit — Benefit + Benefit
There is no widely-accepted or statutory formula for general benefit. General benefits are benefits
from improvements or services that are not special in nature, are not "particular and distinct" and
are not "over and above" benefits received by other properties. ST/TA provides some clarification
by indicating that general benefits provide "an indirect, derivative advantage" and are not necessarily
proximate to the improvements.
In this Report, the general benefit is liberally estimated and described, and then budgeted so that it is
funded by sources other than the Assessment.
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Engineer's Report
City of Orange
Landscape Maintenance District No. 15-1
The starting point for evaluating general and special benefits is the current, baseline level of service.
The Assessment will fund Improvements "over and above" this general, baseline level and the
general benefits estimated in this section are over and above the baseline.
A formula to estimate the general benefit is listed below:
Benefit to Real
Benefit to Real
Property Property Inside Benefit
General the Assessment to the
Outside the
Benefit Assessment
District that is Public
District
Indirect and at Large
Derivative
Special benefit, on the other hand, is defined in the state constitution as "a particular and distinct
benefit over and above general benefits conferred on real property located in the district or to the
public at large." The ST/TA decision indicates that a special benefit is conferred to a property if it
receives a direct advantage from the improvement (e.g., proximity to a park)." In these
Assessments, as noted, properties in the District have close and unique proximity, views and access
to the Improvements and uniquely improved desirability from the Improvements and other
properties and the public at large do not receive significant benefits because they do not have
proximity, access or views of the Improvements. Therefore, the overwhelming proportion of the
benefits conferred to property is special, and is only minimally received by property outside the
Assessment Districts or the public at large.
Benefit Finding
Quantification of General Benefit
In this section, the general benefit from landscaping and other types of Improvements is liberally
estimated and described, and then budgeted so that it is funded by sources other than the
Assessment.
Benefit to Property Outside the Assessment Districts
Properties within the District receive almost all of the special benefits from the Improvements
because properties in the District enjoy unique close proximity and access to the Improvements that
are not enjoyed by other properties or the public at large. However, certain properties within the
proximity/access radius of the Improvements, but outside of the boundaries of the District, may
receive some benefit from the Improvements. Since this benefit is conferred to properties outside
the District boundaries, it contributes to the overall general benefit calculation and will not be
funded by the Assessments. The general benefit to property outside of the District is calculated
with the parcel and data analysis performed by SCI Consulting Group.
Since the properties outside the District but with frontage abutting the Improvements receive
benefit but cannot be assessed by the District, this is a form of general benefit to other property.
The primary ways that parcels outside the district benefit by the Improvements is from proximity,
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Engineer's Report
City of Orange
Landscape Maintenance District No. 15-1
access, views and extension of outdoor space, which account for 40% of the available benefit.
Therefore, parcels that abut the landscape areas and are not separated from the Improvements by a
privacy fence are counted for this general benefit. The general benefit to property outside of the
District is calculated as follows.
Assumptions:
47 parcel outside the District
1517 parcels in the District
Calculation:
General Benefit to property outside the
District=
47/(47+1517) * 40% = 1.20%
Benefit to Property Inside the Assessment Districts that is Indirect and Derivative
The "indirect and derivative" benefit to property within the District is particularly difficult to
calculate.A solid argument can be presented that all benefit within the District is special, because the
Improvements are clearly "over and above" and "particular and distinct" when compared with the
baseline level of service and the unique proximity, access and views of the Improvements enjoyed by
benefiting properties in the District.
Nevertheless, the ST/TA decision indicates there may be general benefit "conferred on real property
located in the district." A measure of the general benefits to property within the Assessment area is
the percentage of land area within the District that is publicly owned and used for regional purposes
such as major roads, rail lines and other regional facilities because such properties used for regional
purposes could provide indirect benefits to the public at large. Approximately 7.15% of the land
area in the District is used for such regional purposes, so this is a measure of the general benefits to
property within the District.
Benefit To The Public At Large
The general benefit to the public at large can be estimated by the proportionate amount of time that
the District's Improvements including landscaping are used and enjoyed by individuals who are not
residents, employees, customers or property owners in the District. It should be noted that these
Improvements do not attract the public at large in the same way as park improvements — and they
confer far less benefit to the public at large than do similar park improvements.
One way to measure the special benefit to the general public is by the car trips through an area with
Improvements. Of the five ways benefits are conferred (proximity, access, views, extension of a
property's green space, and creation of lots), the only benefit that is conferred by way of pass-by car
trips is views, which accounts for 10% of the total benefits. For pass-by car trips, the benefit of
views is found to be approximately half that of residents, employees, customers or property owners
in the District due to the brevity of the views. Therefore the relative benefit factor is reduced to 5%.
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Engineer's Report
City of Orange
Landscape Maintenance District No. 15-1
Next, the views factors are weighted by the relevant number of car trips. Using the lane miles as
representative of pass-by traffic, an analysis shows that 60% of the lane miles are on arterial or
collector streets where the general public has views of the landscaping. Therefore (60% of 5% _)
3.0% of the benefits from the Improvements are general benefits to the public at large.
Special Considerations of Improvements Outside of District
The benefits are categorized into to two geographic groupings of Improvements: In-District
Improvements that include parkways, medians and paseos that are either inside the district
boundaries, or are traffic medians that directly abut or front the district; and Out-of-District
Improvements that are parkways or medians that are both outside the District boundaries and are
not abutting, fronting or lying adjacent to the District. Based on weighted square footage of the
various types of Improvements, Out-of-District Improvements count for approximately 11.6% of
the total benefits. These Out-of-District benefits are found to be entirely General Benefit. For
example some Improvements at Santiago Canyon College are maintained, but the funding for this
work comes entirely from the College as general benefit funds.
The In-District Improvements, conversely, provide approximately 88.4% of the total benefits. The
general benefits provided by these Improvements are discussed above.
Total General Benefits
Using a sum of these three measures of general benefit plus the special considerations of general
benefit from Out-of-District benefits (both weighted accordingly),we find that approximately 21.6%
of the benefits conferred by the Improvements may be general in nature and should be funded by
sources other than the Assessment. This calculation is shown below.
Relative Percent of
General Overall General
Benefit Benefit Benefit
In-District General Benefits
Outside the District 1.20%
Property within the District 7.15%
Public at Large 3.00%
Total In-District 11.35% 11.4% x 88.4% = 10.0%
Out-of-District General Benefits 100.0% x 11.6% = 11.6%
TOTAL GENERAL BENEFIT 21.6%
Although this analysis finds that 21.6% of the Assessment may provide general benefits from the
Improvements, the Assessment Engineer establishes a requirement for a minimum contribution
from sources other than the Assessments of 22%. This minimum contribution above the measure
of general benefits will serve to provide additional coverage for any other general benefits.
Final Step—Calculate the Current General Benefit Contribution from the City
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Engineer's Report
City of Orange
Landscape Maintenance District No. 15-1
This general benefit cannot be funded from the Assessments; it must be funded from other sources
such as the City's General Fund or other non-District funds. These contributions can also be in the
form of in-lieu contributions to the installation and maintenance of the Improvements such as other
City assets that support and protect the Improvements. The City of Orange will contribute both
monetary and in-lieu resources to ensure that the general benefits conferred by the proposed
Improvements are not funded by the District's property owners.
A summary and quantification of these other contributions from the City is discussed below:
The City of Orange owns, maintains, rehabilitates and replaces curb and gutter along the border of
the District Improvements. This curb and gutter serves to support, contain, retain, manage
irrigation flow and growth, and provide a boundary for the Improvements. The contribution from
the City towards general benefit from the maintenance, rehabilitation, and replacement of the curb
and gutter is conservatively estimated to be 5%.
The City owns and maintains a storm drainage system along the border of the District
Improvements. This system serves to prevent flooding and associated damage to the
Improvements, and manage urban runoff including local pollutants loading from the Improvements.
The contribution from the City towards general benefit from the maintenance, and operation of the
local storm drainage system is conservatively estimated to be 5%.
The City owns and maintains local public streets along the border of the District Improvements.
These public streets provide access to the Improvements for residents' enjoyment as well as efficient
maintenance. The contribution from the City towards general benefit from the maintenance of local
public streets is conservatively estimated to be 5%.
The value of the construction of the Improvements can be quantified and monetized as an annuity.
Since this construction was performed and paid for by non-assessment funds, this "annuity" can be
used to offset general benefit costs,and is conservatively estimated to contribute 10%.
The total General Benefit is liberally quantified at 22% which is entirely offset by the conservatively
quantified total non-Assessment contribution towards general benefit described above of 25%.
Therefore, no additional General Benefit must be funded by the City.
Zones of Benefit
The boundaries of the District were developed in conjunction and concurrent with the planning and
design of the subdivisions and Improvements, and thus include only the properties in the City of
Orange that are proximate to the Improvements and that would materially benefit from the
Improvements. Certain other properties surrounding the District were not part of the designed
association between the Improvements and the assessed areas, and are generally less proximate to
the Improvements. In other words, the boundaries of the District have been narrowly drawn to
include only properties that will specially benefit from the Improvements, and would receive a
declining level of service if the Assessments were not approved.
The SI/TA decision indicates:
In a well-drawn district— limited to only parcels receiving.special benefits from the improvement— every parcel
within that district receives a shared special benefit. Under section 2, subdivision (i), these benefits can be
construed as being general benefits since they are not `particular and distinct"and are not "over and above"the
benefits received by other properties "located in the district."
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Engineer's Report
City of Orange
Landscape Maintenance District No. 15-1
We do not believe that the voters intended to invalidate an assessment district that is narrowly drawn to include
only properties directly benefiting from an improvement. Indeed, the ballot materials reflect otherwise. Thus, if an
assessment district is narrowly drawn, the fact that a benefit is conferred throughout the district does not make it
general rather than special. In that circumstance, the characterization of a benefit may depend on whether the
parcel receives a direct advantage from the improvement(e.g.,proximity to park) or receives an indirect, derivative
advantage resulting from the overall public benefits of the improvement(e.g.,general enhancement of the district's
property values).
In the District, the advantage that each parcel receives from the Improvements is direct, and the
boundaries are narrowly drawn to include only parcels that benefit from the Assessment. Therefore,
the even spread of Assessment throughout the narrowly drawn district is indeed consistent with the
SI/TA decision. For the most part, the benefits from the Improvements within the District do not
vary further based on proximity of the parcels to the Improvements because the increased benefits
of greater proximity to the Improvements are generally offset by a parallel increase in negative
factors such as higher levels of traffic,noise, etc. that comes with increased proximity.
There are two distinct neighborhoods.:within the District: Santiago Hills and Hillsdale. Santiago
Hills is a complex neighborhood with arterial and collector streets traversing the residential areas
and a commercial area on the northeast portion. In addition, Santiago Hills has a system of walking
paths, or paseos, that provide additional benefits not found in the Hillsdale neighborhood. Hillsdale
is a relatively small neighborhood,linear in shape centered on one residential street (Hillsdale Drive)
with Improvements along only one exterior frontage (Santiago Canyon Road).
In order to most conservatively assure that Assessments are proportional to the relative level of
special benefits in the District, two zones have been created. Zone of Benefit A (or "Zone A")
consists of all of the parcels that lie within the Santiago Hills neighborhood bounded generally by
Chapman Avenue, Jamboree Road, Canyon View Avenue, Skylark Lane and Newport Boulevard.
Zone A receives the full complement of special benefits.
Zone of Benefit B ("Zone B") consists of all the parcels that lie within the Hillsdale neighborhood
lying generally north of Santiago Canyon Road. A detailed analysis of the proportionate benefits
received by the Hillsdale neighborhood as compared to the Santiago Hills neighborhood based on
the weighted areas of parkways, paseos, and traffic medians within or proximate to the two zones
shows that the Hillsdale neighborhood (Zone B) receives approximately 75% as much special
benefit as the Santiago neighborhood (Zone A). Therefore Assessments for parcels in Zone B are
reduced approximately 20% from the rates for Zone A (see Assessment Diagram).
Method of Assessment
As previously discussed, the proposed Assessments will provide comprehensive Improvements that
will clearly confer special benefits to properties in the District. The allocation of special benefits to
property is partially based on the type of property and the size of property. These benefits can also
partially be measured by the occupants on property in the District because such parcel population
density is a measure of the relative benefit a parcel receives from the Improvements. It should be
noted that many other types of "traditional" assessments also use parcel population densities to
apportion the Assessments. For example, the assessments for sewer systems, roads and water
systems are typically allocated based on the population density of the parcels assessed. Therefore,
the apportionment of benefit is reasonably based on the type of parcel, the size of parcels and the
population density of parcels.
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Engineer's Report
City of Orange
Landscape Maintenance District No. 15-1
The next step in apportioning Assessments is to determine the relative special benefit for each
property. This process involves determining the relative benefit received by each property in relation
to a single family home, or, in other words, on the basis of Single Family Equivalents (SFE). This
SFE methodology is commonly used to distribute Assessments in proportion to estimated special
benefit and is generally recognized as providing the basis for a fair and appropriate distribution of
Assessments. For the purposes of this Engineer's Report, all properties are designated a SFE value,
which is each property's relative benefit in relation to a single family home on one parcel. In this
case, the "benchmark" property is the single family detached dwelling which is one Single Family
Equivalent or one SFE.
Not only residential improved property will be assessed, because commercial and other properties
may also receive direct benefits from the Improvements, and will be assessed.
A fixed or flat Assessment is proposed for all single family residential properties regardless of
occupancy or parcel size. Assessments on multi-family residential parcels vary based on the number
of dwelling units. Assessments on commercial property are levied on an acreage basis because larger
properties generally support larger buildings and have higher numbers of employees, customers and
guests who would benefit from proximity and improved access to well-maintained and improved
landscaping.
Finally, the special benefits to be derived from the proposed Assessments will be conferred on
property and are not based on a specific property owner's use of the improvements, a specific
property owner's occupancy of property, or the property owner's demographic status such as age or
number of dependents. The benefits conferred to property are related to the average number of
people who could potentially live on, work at, or otherwise could occupy a property, not how the
property is currently used by the present owner. Therefore, the number of people who could or
potentially live on, work at or otherwise occupy a property is one indicator of the relative level of
benefit received by a property.
In conclusion, the Assessment Engineer determined that the appropriate method of assessment
apportionment should be based on the type of property, the relative size of the property, property
location,its relative population and its proximity to Improvements. This method is further described
below.
Residential Properties
Certain residential properties in the District that contain a single residential dwelling unit are
assigned one Single Family Equivalent or 1.0 SFE. Detached or attached houses and zero-lot line
houses are included in this category of single family residential property. If there is more than one
single family detached dwelling on a parcel, it will be charged one SFE per single family detached
dwelling.
Properties with more than one residential unit (other than parcels with more than one detached
single family dwelling as described above) are designated as multi-family residential properties.These
properties benefit from the Improvements in proportion to the number of dwelling units that
occupy each property, the average number of people who reside in multi-family residential units
versus the average number of people who reside in a single family home (Population Density Factor)
and the relative size of each type of residential dwelling unit (Square Foot Factor). The population
density factors for the area in Orange County encompassing the District, as depicted in the
following table, provide the basis for determining the SFE factors for residential properties. Using
the total population in a certain property type in the area of the District from the 2010 Census and
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Engineer's Report
City of Orange
Landscape Maintenance District No. 15-1
Commercial properties in excess of 5 acres generally involve uses that are more land intensive
relative to building areas and number of employees (lower coverage ratios). As a result, the benefit
factors for commercial property land area in excess of 5 acres is determined to be the SFE rate per
0.12 acre for the first 5 acres and the relevant SFE rate per each additional acre over 5 acres.
Table 2—Commercial Density and Assessment Factors
Average SFE Units
Type of Commercial Land Use Employees per
per Acre 0.12 Acre
2
General Commercial 24 0.500
Office3 68 1.420
Shopping Center 24 0.500
1. Source: San Diego Association of Governments Traffic Generators Study.
2. The SFE factors for commercial and industrial parcels are applied by the 0.12 acre of land area or
portion thereof. (Therefore, the minimum assessment for any assessable parcel in these categories is
the SFE Units listed herein.) The rates apply up to first 5 acres of parcel size. Additional acreage is
benefited at the rate shown above per acre or portion thereof.
3. Currently there are no parcels in the District in the Office category. This rate is included in the
event General Commercial space is converted to Office space.
Vacant/Undeveloped Properties
The benefit to undeveloped properties is determined to be proportional to the corresponding
benefits for similar type developed properties, but at a lower rate due to the lack of improvements
on the property. A measure of the benefits accruing to the underlying land is the average value of
land in relation to Improvements for developed property. An analysis of the assessed valuation data
from the County of Orange found that approximately 55% of the assessed value of improved
properties is classified as the land value. It is reasonable to assume, therefore, that approximately
55% of the benefits are related to the underlying land and 45% are related to the improvements and
the day-to-day use of the property. Using this ratio, the SFE factor for vacant/undeveloped parcels
is 0.55 per parcel.
Other Properties
Article XIIID stipulates that publicly owned properties must be assessed unless there is clear and
convincing evidence that those properties receive no special benefit from the Assessment.
All properties that are specially benefited are assessed. Certain other publicly owned property that lie
within the District boundaries, including Santiago Canyon College, Chapman Hills Elementary
School, Santiago Hills Park, and City of Orange public safety facility on East Fort Road, are not
assessed. These are discussed below.
Santiago Canyon College: The College lies within the District and certain Improvements lie on their
property. Although the College is not assessed in this District, the College pays for any special
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Engineer's Report
City of Orange
Landscape Maintenance District No. 15-1
benefit through a separate agreement with the City, and that monetary contribution is shown in
Table 1. In addition, all benefit attributable for the College property is included in the General
Benefit calculation shown above.
Chapman Hills Elementary School: Any special benefit attributable to the School buildings and
parking lots are entirely offset by the benefit provided to the neighborhood by the outdoor fields.
This facility was also included in the list of regional facilities in the calculation of general benefit to
properties inside the district that is indirect and derivative above.
Santiago Hills Park: Any special benefit attributable to the Park is entirely offset by the benefit
provided to the neighborhoods by park facilities. This facility was also included in the list of
regional facilities in the calculation of general benefit to properties inside the district that is indirect
and derivative above.
City of Orange Public Safety Facility on East Fort Road:Any special benefit received by this facility
is entirely offset by the benefit provided back to the neighborhood similar to other in-lieu
contributions to the General Benefit contributions that are funded by the City's General Fund or
other non-District funds.
Miscellaneous, small and other parcels such as roads, right-of-way parcels, and common areas
typically do not generate significant numbers of employees, residents, customers or guests, and have
limited economic value. These miscellaneous parcels receive minimal, if any, benefit from the
Improvements and are assessed an SFE benefit factor of zero SFEs.
Annual Cost Indexing
The Assessment is subject to an annual adjustment tied to the Consumer Price Index-U for the Los
Angeles-Long Beach-Anaheim area as of December of each succeeding year (the "CPI"), with a
maximum annual adjustment not to exceed 3%. Any change in the CPI in excess of 3% shall be
cumulatively reserved as the "Unused CPI" and shall be used to increase the maximum authorized
assessment rate in years in which the CPI is less than 3%. The maximum authorized assessment rate
is equal to the maximum assessment rate in the first fiscal year the Assessment was levied adjusted
annually by the minimum of either 3% or the change in the CPI plus any Unused CPI as described
above.
Appeals of Assessments Levied to Property
Any property owner who feels that the Assessment levied on the subject property is in error as a
result of incorrect information being used to apply the foregoing method of assessment may file a
written appeal with the City of Orange City Manager or his or her designee. Any such appeal is
limited to correction of an Assessment during the then-current Fiscal Year and applicable law. Upon
the filing of any such appeal, the City Manager or his or her designee will promptly review the appeal
and any information provided by the property owner. If the City Manager or his or her designee
finds that the Assessment should be modified, the appropriate changes shall be made to the
Assessment Roll. If any such changes are approved after the Assessment Roll has been filed with the
County for collection, the City Manager or his or her designee is authorized to refund to the
property owner the amount of any approved reduction. Any dispute over the decision of the City
Manager or his or her designee shall be referred to the Orange City Council, and the decision of the
City Council shall be final.
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Engineer's Report
City of Orange
Landscape Maintenance District No. 15-1
Assessment Funds Must Be Expended Within the District Area
The net available Assessment funds, after incidental, administrative, financing and other costs shall
be expended exclusively for Improvements within the boundaries of the District or as described
herein, and appropriate incidental and administrative costs as defined in the Plans and Specifications
section.
23
Engineer's Report
City of Orange
Landscape Maintenance District No. 15-1
ASSESSMENT
The amount to be paid for said Improvements and the expense incidental thereto, to be paid by the
District for the Fiscal Year 2022-23 is generally as follows:
Table 3—Summary Cost Estimate
For Landscape Maintenance District No. 15 -1
For Fiscal Year 2022-23
BUDGET ITEM COST
ANNUAL MAINTENANCE
Operating Expenses 851,872
Salaries&Benefits 40,770
Administration and Project Management 25,000
Capital Expenses/Revenues 0
Total for Services 917,642
Less Other Revenue 563,842)
Reserve Funds 3,073
Net Amount of Assessment 356,873
As required by the Act, an Assessment Diagram showing the exterior boundaries of the
Improvement District is hereto attached and incorporated herein by reference. The distinctive
number of each parcel or lot of land in the District is its Assessor Parcel Number appearing on the
Assessment Roll.
24
Engineer's Report
City of Orange
Landscape Maintenance District No. 15-1
ASSESSMENT DIAGRAM
The parcels proposed to be assessed in Landscape Maintenance District No. 15-1 are shown on the
Assessment Diagram, which is on file with the City Clerk of the City of Orange, and includes all
those properties included in the original formation of LMD No. 86-2. The following Assessment
Diagram is for general location only and is not to be considered the official boundary map. The
lines and dimensions of each lot or parcel within the District are those lines and dimensions as
shown on the maps of the Assessor of the County of Orange, for Fiscal Year 2022-23, and are
incorporated herein by reference,and made a part of this Diagram and this Report.
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Engineer's Report
City of Orange
Landscape Maintenance District No. 15-1
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City of Orange LMD No. 15-1 Boundary 1
7' ` Zone A Parcelsr. Zone A Parcels
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CITY OF ORANGE LANDSCAPING MAINTENANCE DISTRICT No. 15-1
ASSESSMENT DIAGRAM
PREPARED BY SCI CONSULTING GROUP
4745 MANGELS BLVD
FAIRFIELD CA 94534
707)430-4300
26
Engineer's Report
City of Orange
Landscape Maintenance District No. 15-1
ASSESSMENT ROLL
An Assessment Roll (a listing of all parcels assessed within the Assessment District and the amount
of the Assessment) will be filed with the City Clerk and is, by reference, made part of this Report
and is available for public inspection during normal office hours at the City Hall at 300 East
Chapman Avenue, Orange,California 92866.
Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County
Assessor records and these records are, by reference made part of this Report. These records shall
govern for all details concerning the description of the lots or parcels.
27