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2001-206RESOLUTION NO. 2001R- 206 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT IN AND FOR THE ANAHEIM RESORT MAINTENANCE DISTRICT. WHEREAS, the City Council of the City of Anaheim, California, previously formed a special maintenance district designated the ANAHEIM RESORT MAINTENANCE DISTRICT (the "Maintenance District") pursuant to the terms of Ordinance No. 5670 of the City of Anaheim (the "Ordinance"), which Ordinance incorporates the provisions of the ~Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act"), except as provided in the Ordinance; WHEREAS, based upon the presentation of staff and review of the assessment Engineer's Report for the Maintenance District, it is hereby determined as follows: 1. There are no new improvements or zones for the next fiscal year; Ail improvements to be maintained are within existing public streets, rights-of-way, or easements of the City; No assessments are proposed to be increased (other than an authorized adjustment for inflation based on the Consumer Price Index) from those as levied for the prior fiscal year; WHEREAS, at this time all notice and public hearing requirements have been met relating to the levy of the annual assessments and this City Council is now satisfied with the assessment and diagram and all other matters as contained in the Assessment Engineer's Report as now submitted for final consideration and approval; follows: NOW, THEREFORE, It Is Hereby Determined and Resolved as RECITALS SECTION 1. The above recitals are all true and correct. PROTESTS SECTION 2. Ail protests and objections of every kind and nature be, and the same hereby are, overruled and denied. CONFIRMATION SECTION 3. The final assessment and diagram for the proceedings, as contained in the Assessment Engineer's Report, is hereby approved and confirmed. SECTION 4. The public interest and convenience requires, and this legislative body does hereby order the maintenance and improvements to be made and performed as set forth in the Assessment Engineer's Report and as previously declared and set forth in the Resolution of Intention adopted by this City Council on June 19, 2001. SECTION 5. The assessments contained in the Assessment Engineer's Report for the next fiscal year are hereby confirmed and levied upon the respective lots of parcels of land in the District in amounts as set forth in the Final Assessment Engineer's Report. It is hereby further determined that all costs and expenses of the works of improvement and incidental expenses have been apportioned and distributed to the benefitting parcels in accordance with the special benefits received from the proposed work. FILING AND RECORDING SECTION 6. The above-referenced diagram and assessment for the Maintenance District shall be filed in the Office of the City Clerk, with a certified copy filed in the Office of the City Engineer. The diagram and assessment shall be open for public inspection. SECTION 7. The City Clerk is hereby ordered and directed to immediately file a certified copy of the diagram and assessment with the County Auditor. Said filing to be made no later than the 3r~ Monday in August. ENTRY UPON THE ASSESSMENT ROLL SECTION 8. After the filing of the diagram and assessment, the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount assessed thereupon, as shown in the assessment. 2 COLLECTION AND PAYMENT SECTION 9. The assessments shall be collected at the same time and in the same manner as County taxes are collected, and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. FISCAL YEAR SECTION 10. The assessments as above authorized and levied for these proceedings will provide revenue and relate to the fiscal year commencing July 1, 2001 and ending June 30, 2002. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim thi~ 24t~'~day of July, 2001. z~ ~k / MAY(fR E I M ATTEST: CfTY CLERK OF'THE CITY OF ANAHEIM 36075.2\MSLAUGHT~June 12, 2000 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2001R-206 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 24th day of July, 2001, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None CITY CLER~ OF 'i:HE CITY Of ANAHEIM (SEAL) ENGINEER'S REPORT ANAHEIM RESORT MAINTENANCE DISTRICT FISCAL YEAR 2001/2002 CITY OF ANAHEIM Willdan Bob Hessell July 9, 2001 ENGINEER'S REPORT ANAHEIM RESORT MAINTENANCE DISTRICT CITY OF ANAHEIM MAYOR Tom Daly COUNCIL MEMBERS Shirley McCracken, Mayor Pro Tem Tom Tait Frank Feldhaus Lucille Kring CITY STAFF James D. Ruth, City Manager Tom Wood, Assistant City Manager Gary Johnson, City Engineer Russell Maguire, Deputy City Engineer Jeffrey Stone, Budget Manager CONSULTANTS Willdan 2125 East Katella Avenue, Suite 200 Anaheim, CA 92806 Bob Hessell 12707 High Bluff Drive, Suite 200 San Diego, CA 92131 ENGINEER'S REPORT ANAHEIM RESORT MAINTENANCE DISTRICT CITY OF ANAHEIM I. INTRODUCTION This Engineer's Report is prepared pursuant to the order of the City Council of the City of Anaheim and in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972 (1972 Act), which is Part 2 of Division 15 of the Streets and Highways Code of the State of California; and in compliance with Articles XlIIC and XIIID added to the California Constitution in November 1996 through the passage of Proposition 218 by voters of the State of California. This report presents the engineering analysis for the 2001/2002 Fiscal Year for the district known as: City of Anaheim Anaheim Resort Maintenance District (hereinafter referred to as the "District"). Reference is made to the Anaheim Resort Maintenance District Feasibility Report dated January 11, 1999 on file in the City Clerk's office and the City Engineer's office, and made part of this report by reference. The Feasibility Report contains detailed descriptions and cost data for the improvements to be funded through this District. The District was approved by property owners at the June 22, 1999 Public Hearing and will be collected on property tax bills issued by the County of Orange Auditor-Contreller's Office. The property owners authorized an annual increase in the assessment in an amount not to exceed the change in the Consumer Price Index, of all Urban Consumers, for the Los Angeles-Anaheim-Riverside Area ("CPI"), from January through January of the previous calendar year. This increase enables the District to keep current with increases in the cost of labor and materials. The CPI increase from January 2000 through January 2001 was 3.75%. The total budget for Fiscal Year ("FY") 2001/2002 has increased to $3,621,013, which includes Assessment Revenue, Interest Income and the City's General Fund Contribution. This represents a 1.84% increase in the FY 2001/2002 Assessments over the FY 2000/2001 Assessments. II. BOUNDARIES OF THE DISTRICT The District boundaries are completely within the City limits of the City of Anaheim and coincide with the boundaries of the Anaheim Resort Specific Plan Boundary as defined in the Anaheim Resort Specific Plan. The District boundaries are shown on the Assessment Diagram on file in the office of the City Clerk and are made a part of this report by reference. County of Orange Assessor's maps shall govern for all details concerning the lines and dimensions of such lots or parcels. The District boundaries include an Extended Landscape Zone in recognition of the special benefit the parcels in this zone receive from the unique Improvements in the zone. The Extended Landscape Zone currently includes those parcels detailed in the boundary diagram on file in the office of the City Clerk. Other property within a legally required setback in the District may be annexed into the Extended Landscape Zone upon the request of the property owner. III. IMPROVEMENTS The District may fund Improvements, Maintenance, Servicing, Promotions, and Reserves for those items fully detailed in the Anaheim Resort Maintenance District Feasibility Report dated January 11, 1999. The Plans and Specifications for the District are on file with the City Clerk as Exhibit B and are made a part of this report by reference. Willdan 1 Fiscal Year 200112002 ENGINEER'S REPORT ANAHEIM RESORT MAINTENANCE DISTRICT CITY OF ANAHEIM IV. FISCAL YEAR 2001/2002 BUDGET SUMMARY The budget for the Anaheim Resort Maintenance District is included with the City of Anaheim budget approved annually by City Council and available at the office of the City Clerk. The budget figures shown below include revenues and expenditures for the Extended Landscape Zone. In FY 2000/2001 the total cost for the Extended Landscape Zone was $635,500. For FY 2001/2002 these costs were increased by 1.84%, which is less than the 3.75% increase in the Consumer Price Index, of all Urban Consumers, for the Los Angeles- Anaheim-Riverside Area from January 2000 through January 2001. The total costs for the Extended Landscape Zone for the 2001/2002 Fiscal Year is $647,193. Projected Fund Balance 7/1/01 $3,688,948 Revenues Assessment Revenue from Property Taxes Interest income General Fund Contribution $3,284,013 $ t37,000 $ 200.000 Total Revenues $3,621,013 Expenditures Labor $ 498,933 Operating $2,766,830 Capital Outlay $ 355,250 Total Expenditures $3,621,013 Operating Reserve $3,688,948 Projected Fund Balance 7/1/02 $0 V. METHOD OF ASSESSMENT The purpose of the improvements is to serve the hotel, convention, retail commemial, and other visitor-serving uses within the Anaheim Resort Specific Plan area. The items funded through the District are above and beyond the typical level of maintenance, servicing, and promotions provided by the City throughout the rest of the City. The method of assessment for the improvement costs, was adopted by the City Council at the June 22, 1999 public hearing and is on file with the City Clerk and has not been changed for FY 2001/2002. The assessment for each parcel is shown on the Assessment Roil on file with the City Clerk and incorporated herein by reference. Engineer's Conclusion In conclusion, it is my opinion that the assessments within the City of Anaheim Resort Maintenance District are apportioned by a formula that fairly distributes special benefit in accordance with the special benefits that are received. Willdan 2 Fiscal Year 2001/2002