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HomeMy WebLinkAbout55B - RESO - WARNER ASSESSMENT DISTRICTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE: RESOLUTIONS FOR THE POTENTIAL FORMATION OF THE WARNER INDUSTRIAL COMMUNITY ASSESSMENT DISTRICT (NON - GENERAL FUND) (STRATEGIC PLAN NO. 6, 1G) CrTY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1a' Reading ❑ Ordinance on 2 °a Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt a resolution establishing the boundaries of the Warner Industrial Community Assessment District No. 2015 -01. 2. Adopt a resolution preliminarily approving the Engineer's Report for the Warner Industrial Community Assessment District No. 2015 -01. 3. Adopt a resolution establishing assessment ballot procedures for assessment districts. BACKGROUND The recommended actions will allow owners in the Warner Industrial Community (WIC) to determine whether an Assessment District (AD) may be formed. The intent of this AD is to partially finance public street improvements. If the AD is successfully formed, the City would partner with the AD to fully reconstruct the City -owned streets in the WIC. Based on the City's pavement management system, funding for these improvements would not be available for 10 to 15 years. By establishing this AD, the roadway repairs would be accelerated and completed within 12 months. Success of this public - private partnership will provide an alternative funding model for other industrial areas in Santa Ana that need roadway infrastructure repairs. DISCUSSION A Resolution of Intention to consider the formation of an Assessment District for the Warner Industrial Community was adopted on July 7, 2015 (Resolution No. 2015 -030). The resolution directed preparation of an Engineer's Report for the Warner Industrial Community Assessment District No. 2015 -01. The Engineer's Report contains the overall costs, the legal basis to establish the AD, the methodology to distribute the costs, the proposed assessments based upon the bids, 5513-1 Resolutions for Warner Industrial Community Assessment District January 19, 2016 Page 2 and details on any City commitments. The report also provides information on which property owners can base their vote on whether to form the AD. Staff recommends the adoption of the following resolutions: 1. A resolution that adopts a map which establishes the proposed boundaries of the Warner Industrial Community Assessment District No. 2015 -01 (Exhibit 1). 2. A resolution that preliminarily approves the Engineer's Report, sets the time and place for a public hearing, and orders the initiation of assessment ballot procedures for Warner Industrial Community Assessment District No. 2015 -01 (Exhibit 2). 3. A resolution that establishes local procedures to implement requirements of Article XIII (D) of the Constitution of the State of California and the Proposition 218 Omnibus Implementation Act applicable to assessment ballot proceedings, including such proceedings for the Warner Industrial Community Assessment District No. 2015 -01 (Exhibit 3). ANALYSIS Upon approval of this recommended action, the general sequential steps to continue forming this Assessment District are as follows: STEP TIME NEEDED ACTION Distribute the assessment ballots to the property owners along with notice of the public hearing. City Council holds the public hearing as scheduled and, upon its conclusion, the assessment 1 2 to 3 Months ballots will be tabulated. Votes are weighted by the amount assessed. The "yes" votes are totaled by the sum of their individual and respective assessment amounts and compared to the sum of the "no" votes, with the higher amount prevailing. If the ballots support the formation of the Assessment District, City Council may resolve to form the Assessment District and order the levy of assessments based on the Engineer's Report. City 2 1 to 2 Months Council action is required to commit the City's portion of the project funding and award the construction contract. Construction could begin soon thereafter. 3 2 to 3 Months Construct and complete the Assessment District improvements. 55B -2 Resolutions for Warner Industrial Community Assessment District ,January 19, 2016 Page 3 mg— IlLeflmmy Approval of this Item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (Establish and maintain a Community Investment Plan for all City assets), Strategy C (Develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). re 4DIrlepu ctorr Executive Public Works Agency FMIEwQlKN Exhibits: 1. Resolution approving the boundaries of the Warner Industrial Community Assessment District No. 2015 -01 2. Resolution preliminarily approving the Engineer's Report for the Warner Industrial Community Assessment District No. 2015 -01 3. Resolution establishing ballot procedures for assessment districts 55B -3 55B -4 RESOLUTION NO, 2016 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 2015 -01 (WARNER INDUSTRIAL COMMUNITY) WHEREAS, the City Council of the City of Santa Ana, California has been presented and has received a map showing and describing the boundaries of the area proposed to be assessed in an assessment district pursuant to the provisions and authority of Division 12 of the Streets and Highways Code of the State of California (the "Municipal Improvement Act of 1913 "); such assessment district known and designated as Assessment District No. 2015 -01 (Warner Industrial Community ) (the "Assessment District"). NOW, THEREFORE, BE IT RESOLVED BY THE City Council of the City of Santa Ana, California, as follows: Section 1. The above recital is true and correct. Section 2. That a map showing the boundaries of the proposed Assessment District and lands and property to be assessed to finance the costs and expenses of the acquisition or construction of certain public improvements designated as "Proposed Boundaries of Assessment District No. 2015 -01 (Warner Industrial Community), City of Santa Ana, Orange County, State of California" is hereby submitted and attached hereto as Exhibit A, and the same is hereby approved and adopted. Section 3. That the original map of the boundaries of the proposed Assessment District and one copy thereof is to be fled in the Office of the City Clerk. Section 4. A certificate shall be endorsed on the original and on at least one copy of the map of the Assessment District evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of the resolution fixing the time and place of the hearing on the formation or extent of the Assessment District, a copy of such map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form as set forth in Division 4.5 of the Streets and Highways Code of the State of California. EXHIBIT ,I Resolution No. 2016 -XXX Page 1 of 6 55B -5 ADOPTED this 19th day of January, 2016, APPROVED AS TO FORM: Sonia R.,farvalho, City Attorney m Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 55B -6 Resolution No. 2016 -XXX Page 2 of 6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2016 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55B -7 Resolution No. 2016 -XXX Page 3 of 6 EXHIBITA MAP OF PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 2015 -01 (WARNER. INDUSTRIAL COMMUNITY) OF THE CITY OF MAN I'AANA COUNTY OF ORAL STATE OF CALIFORNIA LIB" OP ASSESSOR PA FUEL FUJI LOCATED YATNIN BOUNDARIES Or AS3888AIBNT DISTRICT NO. 2015 01 AS OF PI004 YVAN 2016.2010 0.59j•SSMENY p6j�11DERC NUMOfR 'A5 }ES90p �!ApCI i11EEF a2 (.1$011,71117 1_I(fFE$ENC6 - :.N15j3 i1 n5505sOR 0A{1�Np, .�M0ER SN0. Nq AEFERENCE. (1OUM ER • ,. 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IN DOCN 9, ARRR q' AIDE LAW [I T AND CONFI VA IN FAC I YIR6"HE IUTA AT PAGE— NINE OYFIOR OF THE COIIN I, RECORDER IN THE COUNTY O F 08,710[ 1, mm UP 0,711801 NN.IIG @�VUCVAIENNAU �- ._.___ C1E11.C'RF_C GR VCII f.UIIVYV OF 08,7108 080106 S R1�N OF er CHECItY 15ERH OF MFCITY OFV6tlAMA ANA. COUNTY DF CIYVCLERH 017401 SANIANN I HEREOYC."Al IMAINIELNDINMAP 51OWINb 711E 08080948 GUNIANTIO TOCIiV NCLYtlCRVNO ,77,7,71 COUNT- 'DgI4O0N1U(W6. P SRANYFrt E OF D CALIFORNIAN ANN 11Y1AIlPV P ROUF V tEHO fi COVNCIL AYIT NEOULARAIEE1 MlO 1!14,74 CP.IIC Lb CN TIE_ DAY O1I HY Ii3 Rf.ROLI ITIUN N0 .,._. CITY OF DANA ANN INDEX ON SET NO 1. VICINITY MAP PROP6960 ROUNOARY MAP. CERTICICANA E AND VET OF NO ED U DIED IN 111 DOE BOUNDARY MAF 611 ELY ED 2 PIIO4PL4b 40UNDAIJY MAP A9 UERRMDNT R NFER ENCC 941481, NU. 1. NUMDERA I. 15, IMOPOfl btl 6bU NDANY MAP HERE nRMkNi REF FN{INC@ NUM0EN610.201 55B -8 SNCET1 OF3 MIUHAELSWAN PItf2FC6B10NAL CIVIL EI4GINEEf4 Z']3T DEC&NU412915 Resolution No. 2016 -XXX Page 4 of 6 EXHIBIT A Resolution No. 2016 -XXX Page 5 of 6 55B -9 M:N.n; Resolution No. 2016 -XXX Page 6 of 6 55B -10 RESOLUTION NO.2016 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA PASSING UPON AND GIVING PRELIMINARY APPROVAL TO THE ENGINEER'S REPORT OF THE ASSESSMENT ENGINEER, SETTING THE TIME AND PLACE FOR A PUBLIC HEARING AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES FOR ASSESSMENT DISTRICT NO. 2015- 01 (WARNER INDUSTRIAL COMMUNITY) WHEREAS, the City Council of the City of Santa Ana, California, has instituted proceedings to finance the cost of the acquisition or construction of certain public improvements and appurtenances pursuant to the provisions of the "Municipal Improvement Act of 1913" (the "Improvement Act "), being Division 12 of the Streets and Highways Code of the State of California (commencing with Section 10000), in a special assessment district known and designated as Assessment District No. 2015 -01 (Warner Industrial Community) (the "Assessment District "); and, WHEREAS, there has been prepared and filed with this legislative body a report of the Assessment Engineer (the "Engineer's Report ") as provided for in and required by the Improvement Act, Article XIIID of the Constitution of the State of California ( "Article XIIID ") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act ") (the Improvement Act, Article XIIID and the Implementation Act are referred to herein collectively as the "Assessment Law ") and the Engineer's Report has been presented to this legislative body for its consideration; and, WHEREAS, Resolution No. 2015 -030 declaring the intention of the City Council to finance the cost of the acquisition or construction of the subject improvements through the levy of assessments within the Assessment District was previously adopted on July 7, 2015 by the City Council; and the Engineer's Report as now presented shall stand as the Engineer's Report for the purpose of subsequent proceedings hereunder. NOW, THEREFORE, be it resolved by the City Council of the City of Santa Ana, California, as follows: Section 1. The above recitals are true and correct. Section 2. The Engineer's Report referred to herein above is adopted, passed upon and preliminarily approved, as follows: A. The plans and specifications for the improvements proposed to be acquired or constructed, as contained in the Engineer's Report, are hereby preliminarily approved and adopted; EXHIBIT 2 Resolution No. 2016 -XXX Page 1 of 5 55B -11 B. The Assessment Engineer's estimate of the itemized and total costs and expenses of the acquisition or construction of the improvements and of the incidental expenses in connection therewith contained in the Engineer's Report, including that portion of such costs and expenses representing the special benefit to be conferred by such improvements on those parcels within the Assessment District, and each of them are hereby preliminarily approved and adopted; C. The diagram showing the Assessment District referred to and described in the Resolution of Intention, and also the boundaries and dimensions of the respective subdivisions of land within such Assessment District, as the same existed at the time of the passage of such Resolution of Intention, each of which subdivisions have been given a separate number upon such diagram, as contained in the Engineer's Report, is hereby preliminarily approved and adopted; D. The proposed assessment upon the several subdivisions of land in the Assessment District, in proportion to the estimated special benefits to be conferred on such subdivisions, respectively, by the improvements to be acquired or constructed, and of the incidental expenses thereof, as contained in the Engineer's Report, are hereby preliminarily approved and adopted; E. A description of the improvements proposed to be acquired or constructed contained in the Engineer's Report are hereby preliminarily approved and adopted. Section 3. The Engineer's Report shall stand as the Assessment Engineer's Report for the purpose of all subsequent proceedings had pursuant to the Resolution of Intention. Section 4. NOTICE 1S HEREBY GIVEN THAT A PUBLIC HEARING TO CONSIDER PROTESTS TO THE PROPOSED ASSESSMENTS IS HEREBY SCHEDULED TO BE HELD AT THE COUNCIL CHAMBER OF THE CITY OF SANTA ANA LOCATED AT 22 CIVIC CENTER PLAZA, SANTA ANA, CALIFORNIA ON APRIL 5, 2016 AT 5;45 P.M. OR AS SOON THEREAFTER AS MAY BE HEARD BY THE CITY COUNCIL. RIGHT TO SUBMIT ASSESSMENT BALLOT PURSUANT TO THE PROVISIONS OF THE ASSESSMENT LAW, THE RECORD OWNER OF EACH PARCEL PROPOSED TO BE ASSESSED HAS THE RIGHT TO SUBMIT AN ASSESSMENT BALLOT IN FAVOR OF OR IN OPPOSITION TO THE ASSESSMENT PROPOSED TO BE LEVIED ON SUCH PARCEL. ASSESSMENT BALLOTS WILL BE MAILED TO THE RECORD OWNER OF EACH PARCEL LOCATED WITHIN THE ASSESSMENT DISTRICT AND PROPOSED TO BE SUBJECT TO AN ASSESSMENT. EACH SUCH OWNER MAY COMPLETE Resolution No. 2016 -XXX Page 2 of 5 55B -12 SUCH ASSESSMENT BALLOT AND THEREBY INDICATE SUCH OWNER'S SUPPORT FOR OR OPPOSITION TO THE PROPOSED ASSESSMENT. ALL SUCH ASSESSMENT BALLOTS MUST BE RECEIVED BY THE CITY CLERK AT THE FOLLOWING ADDRESS AT OR BEFORE THE TIME SET FOR THE CLOSE OF THE PUBLIC HEARING: CITY CLERK CITY OF SANTA ANA 20 CIVIC CENTER PLAZA, 8TH FLOOR SANTA ANA, CALIFORNIA 92702 AN ASSESSMENT BALLOT RECEIVED AFTER THE CLOSE OF THE PUBLIC HEARING WILL NOT BE TABULATED EVEN THOUGH THE POSTMARK ON THE ENVELOPE TRANSMITTING THE ASSESSMENT BALLOT IS DATED ON OR BEFORE THE DATE OF THE PUBLIC HEARING. AT THE CONCLUSION OF THE PUBLIC HEARING, THE CITY COUNCIL SHALL CAUSE THE TABULATION, PURSUANT TO GOVERNMENT CODE SECTION 53753, OF THE ASSESSMENT BALLOTS TIMELY RECEIVED. IF A MAJORITY PROTEST, AS DESCRIBED BELOW, EXISTS THE CITY COUNCIL SHALL NOT IMPOSE AN ASSESSMENT WITHIN THE ASSESSMENT DISTRICT. A MAJORITY PROTEST EXISTS IF THE ASSESSMENT BALLOTS SUBMITTED, AND NOT WITHDRAWN, IN OPPOSITION TO THE PROPOSED ASSESSMENT EXCEED THE ASSESSMENT BALLOTS SUBMITTED, AND NOT WITHDRAWN, IN FAVOR OF SUCH ASSESSMENT. IN TABULATING THE ASSESSMENT BALLOTS, EACH ASSESSMENT BALLOT SHALL BE WEIGHTED BY THE AMOUNT OF THE PROPOSED ASSESSMENT TO BE IMPOSED UPON THE IDENTIFIED PARCEL FOR WHICH SUCH ASSESSMENT BALLOT WAS SUBMITTED. Section 5. The City Clerk is hereby notice of the Public hearing and the adoption filing of the Engineer's Report, together with record owner of each parcel proposed to be public hearing. directed to mail or cause to be mailed of the Resolution of Intention and of the the assessment ballot materials, to the assessed at least 45 days prior to the Section 6. The City Clerk is hereby further directed to file or cause to be filed a copy of the proposed boundary map in the Office of the County Recorder within fifteen (15) days of the adoption of this resolution; such boundary map to be in the manner and form as set forth in Division 4.5 of the Streets and Highways Code of the State of California. Section 7. For purposes of tabulating the assessment ballots for these proceedings as required pursuant to the Assessment Law, the City Council hereby designates Maria D. Huizar, the City Clerk of the City Council (the "City Clerk "), to act as the tabulation official to tabulate the assessment ballots submitted. Resolution No. 2016 -XXX Page 3 of 5 55B -13 Section 8. The City Council hereby designates the City Engineer as the Superintendent of Streets for purposes of these proceedings. ADOPTED this 19th day of January, 2016. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R,,,,Carvalho, City Attorney 0 Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2016 -XXX Page 4 of 5 55B -14 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2016 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55B -15 Resolution No. 2016 -XXX Page 5 of 5 I City of Santa Ana Assessment District No. 2015-01 (Warner Industrial Community) Under the Provisions of the Municipal Improvement Act of 1913 Prepared by Psomas 3 Hutton Centre Drive, Ste, 200 Santa Ana, CA 92707 (888) 683 -5234 55B -16 City of Santa Ana Council Miguel A. Pulido, Mayor Vincent F. Sarmiento, Mayor Pro Tern Angelica Amezcua, Council Member P. David Benavides, Council Member Michele Martinez, Council Member Roman Reyna, Council Member Sal Tinajero, Council Member City Officials David Cavazos, City Manager Sonia R. Carvalho, City Attorney Maria D. Huizar, Clerk of the Council Edwin 'William" Galvez, P.E., City Engineer / Superintendent of Streets Professional Services Psomas, Assessment Engineer Warren Diven Best Best & Krieger LLP, Bond Counsel James V. Fabian Fieldman, Rolapp & Associates, Financial Advisor 55B -17 TABLE OF CONTENTS Engineer's Report Part 1 Description of Works of Improvement Part 2 Plans and Specifications Part 3 Cost Estimate Part 4 Boundary Map & Assessment Diagram Part 5 Methodology of Assessment Spread & Certifications Part 6 Proposed Maximum Annual Assessment for Administration and Collection Appendices A Resolution of Intention — Resolution No. 2015 -030 E Assessment Roll Detail C Parcel Acreage D Distance to Nearest Outlet E Calculation of Benefiting Acreage APN 408 - 021 -01 55B -18 Page 4 5 6 7 15 22 AGENCY: CITY OF SANTA ANA PROJECT: FORMATION OF ASSESSMENT DISTRICT NO. 2015 -01 (WARNER INDUSTRIAL COMMUNITY) TO: SANTA ANA CITY COUNCIL COUNTY OF ORANGE STATE OF CALIFORNIA ENGINEER'S REPORT Pursuant to the provisions of the Municipal Improvement Act of 1913, being Division 12, of the Streets and Highways Code of the State of California, applicable provisions of Article XIIID of the California Constitution, being the Right to Vote on Taxes Act (Proposition 218), and provisions of Government Code Section 53750 et. seq„ being the Proposition 218 Omnibus Implementation Act (the aforementioned provisions are hereinafter referred to collectively as "Assessment Law "), and in accordance with the Resolution of Intention, being Resolution No. 2015 -030 adopted by the City Council of the City of Santa Ana, Califomia, on the 7th day of July, 2015, in connection with the proceedings for: ASSESSMENT DISTRICT NO, 2015 -01 (WARNER INDUSTRIAL COMMUNITY) (Hereinafter referred to as "Assessment District"), I, Michael D. Swan, authorized representative of Psomas, the duly appointed Assessment Engineer, submit herewith this Engineer's Report consisting of six parts. PART 1 A description of proposed works of improvement. The engineering drawings and specifications for the proposed improvements are on file with the Superintendent of Streets and are available for public inspection in the office of the Public Works Agency of the City of Santa Ana. By reference, the engineering plans and specifications more particularly detailing the proposed improvements are incorporated herein. 55B -19 PART An estimate of the cost of the proposed improvements, including incidental costs and expenses In connection therewith, are attached hereto, and are also on file with the Superintendent of Streets in the office of the Public Works Agency of the City of Santa Ana, PART 4 The Boundary Map and Assessment Diagram showing the overall boundaries of the Assessment District and the boundaries and the dimensions of the respective parcels and subdivisions of land within said Assessment District, as they existed at the time of the passage of the Resolution of Intention, each of which subdivisions of land or parcels or lots, respectively, have been given a separate number upon the Assessment Diagram and in the Assessment Roil. PART 5 The proposed assessment for the total amount of the costs and expenses of the proposed improvements upon the parcels of land within the Assessment District, in proportion to the estimated special benefits to be received by each parcel from said improvements, is set forth upon the assessment roll filed herewith and made a part hereof. The explanation of the assessment calculation is found in the Methodology of Assessment Spread included here. For particulars as to the Identification of parcels to be assessed, reference is made to the Assessment Diagram and Boundary Map on file with the Superintendent of Streets in the office of the Public Works Agency of the City of Santa Ana. A reduced copy of the Boundary Map and Assessment Diagram are included in Part 4 of this Report. PART 6 A proposed maximum annual assessment for administration and collection of assessments. Dated this 5 day of c)&Kd+�, 20 I (', L v, 59��zc PSOMAS Nom, 25737 z} 4257 EYP. 12 -31 -17 MI -A `rT4Tf Cl O �ap ASSESSMENT ENGINEER OF C 55B -20 PRELIMINARY APPROVAL BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, COUNTY OF ORANGE STATE OF CALIFORNIA, ON THE 19TH DAY OF JANUARY, 2016. Maria D, Huizar, CLERK OF THE COUNCIL CITY OF SANTA ANA STATE OF CALIFORNIA MODIFIED APPROVAL BY CITY COUNCIL OF THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, ON THE — DAY OF 20 Maria D. Huizar, CLERK OF THE COUNCIL CITY OF SANTA ANA STATE OF CALIFORNIA FINAL APPROVAL BY CITY COUNCIL OF THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, ON THE u DAY OF 20_ Maria D. Huizar, CLERK OF THE COUNCIL CITY OF SANTA ANA STATE OF CALIFORNIA 55B -21 ASSESSMENT DISTRICT NO. 2015 -01 (WARNER INDUSTRIAL COMMUNITY) PART DESCRIPTION OF WORKS OF IMPROVEMENT The City of Santa Ana is using assessment financing to improve the pavement of the local, interior roadway network within the Warner Industrial Community Assessment District (WIC). The boundaries of this Assessment District and the included parcels are depicted on the Boundary Map and Assessment Diagram in Part 4 of this Report. The location of the district may be generally described as being within the following streets and landmark boundaries: Beginning at the intersection of Harbor Boulevard and Warner Avenue, on the north side of Warner Avenue, east to the abandoned Union Pacific Railroad line, then south along the eastern edge of the abandoned railroad line to Segerstrom Avenue, then east along the northern edge of Segerstrom Avenue to an Orange County Flood Control Channel (D03) /Greenville Banning Channel, then north along the western edge of the channel, continuing north on the western edge of Fairview Street (where it crosses Harvard Street) to the southern edge of Centennial Park, then west along the southern edge of the park to the Santa Ana River, then south along the eastern edge of the river, and continuing south along the eastern edge of Harbor Boulevard to the point of origin at Warner Avenue. The streets to be improved within the district include: • Adams Street • Anne Street • Castor Street • Central Avenue • Fordham Avenue • Harvard Street • Maywood Avenue • Otis Street • Pendleton Avenue • Susan Street • Yale Street Only parcels having access to the streets being improved were included, therefore, if parcels have direct access to major thoroughfares, and none of the streets listed above, these parcels were excluded from the district. The major thoroughfares include: • Fairview Street • Segerstrom Avenue • Harbor Boulevard • Warner Avenue For details of the work to be performed, please refer to the engineering drawings and specifications on file with the Superintendent of Streets in the office of the Public Works Agency of the City of Santa Ana. 55B -22 ASSESSMENT DISTRICT NO. 2015-01 (WARNER INDUSTRIAL COMMUNITY) PART 2 PLANS AND SPECIFICATIONS The plans and specifications for the proposed improvements of the Assessment District are on file with the Superintendent of Streets and are available for public inspection in the office of the Public Works Agency of the City of Santa Ana. By reference, the plans and specifications more particularly detailing the proposed improvements are incorporated herein. 55B -23 ASSESSMENT DISTRICT NO. 2015 -01 (WARNER INDUSTRIAL COMMUNITY) PART 3 COST ESTIMATE PRELIMINARY CONFIRMED ITEM COSTS COSTS L CONSTRUCTION COSTS Engineering and Construction Costs $ 4,706,915 Construction Cost Contingency $ 500,000 TOTAL CONSTRUCTION COSTS $ 5,206,915 11. CONTRIBUTIONS City of Santa Ana Construction Cost Contribution $ 2,533,415 City Of Santa Ana Contingency Contribution (t) $ 500,000 TOTAL CONTRIBUTIONS. $ 3,033,415 Ill. FINANCING COSTS Capitalized Interest $ 216,811.11 Bond Discount $ 60,800.00 Reserve Fund $ 286,075.00 Bond Counsel $ 50,000.00 Disclosure Counsel $ 25,000.00 Other Legal Expenses $ 15,000.00 Financial Advisor $ 40,000.00 Official Statement Printing $ 5,000.00 Land Market Value Appraisal $ 20,000.00 Assessment Engineer $ 50,000.00 Bond Registration, Paying/TransferAgent $ 5,000.00 Printing, Publication, Postage & Miscellaneous Costs $ 15,000.00 District Administration $ 30,000.00 Costs of Issuance Contingencies $ 41 228.89 TOTAL FINANCING COSTS $ 859,915.00 RECAPITULATION 1, TOTAL CONSTRUCTION COSTS $ 5,206,915 IL CITY OF SANTA ANA CONTRIBUTIONS ($3,033,416) III. FINANCING COSTS $ 859,915 TOTAL AMOUNT TO ASSESSMENT $ 3,033,415 tt> Includes a construction cost contingency contribution amount of not to exceed $500,000 to pay for construction expenses resulting from unforeseen conditions not within the scope of work of the construction contract. 55B -24 ASSESSMENT DISTRICT NO. 2015.01 (WARNER INDUSTRIAL COMMUNITY) PART 4 BOUNDARY MAP Boundary Map begins on next page 7 55B -25 MAP OF PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 2015 -01 (WARNER INDUSTRIAL COMMUNITY) OF THE CITY OF SANTA ANA COUNTY OF ORANGE, STATE OF CALIFORNIA LIST OF ASSCSSOR RADOM- NUMBERS LOCATED WITHIN BOUNDARIES OF ASSESSMENT DISTRICT NO. 2016 -01 AS OF FISCALYEAR 2018.2016 ggSeseN14MT REFER @NLE kS$EiSbR PARhEL _060 aza : (A4�VFET i; NOt }16835 §MENT RBPp4tN CE �`HNUUPRUWY g55I$ygRLR PA iE YNUUIBEB SFYEET �NO. ASSEHBR4hNT 8F8 N CE ' (}fl5 ..I }NO SER!." �59c°SSO0. pARCE( J4WwL3ER, $f,{E6T -N ,. ,A9S688M3NT 19FERENCE .'J'.N'U(>'iOtEs' qj Eb9Ok P , ARC -:N I4mr '', 1` 13YIEEy', _ 1) 4o8,tl21 =01. , 2 53 4087152 -31 2 IW :40 8=233 -07 . 2 -- 152) 41410.1.21 3 2 - 408113 -11 - : R (54) 408452.32 2 101) 408202 04 2 ,' (153) 41411142 3 55 408. 152 -33 2 102) 406. 202 -03- - -2. 134 414111 -23 3 4) -' 40tl413 -02: 2_ -: 56) 406152-"34 2 - -1031 '40 &202.01' 2. 1551 414111.20 9 04113.0]1 '2 (5] 40 &152 -69 2 -, 104 - 408- 202.01 '- 2.._ 156 414- 111 -25 3 (6) 40 U h3 -. 2 - 58 408452.40 2 "105) 40&203 -03: 21 15] 414111 -18 3 (91 409AES05 '2 59 408152.41 2 '- 106 '.408.203,08 2.: - (158 414111 -19 3 A08Ella'10 `2. 60 408191.08 2 107- -. '438;201.03'. 2 '- 159 414111 -20 3 5 - 403. 13v08 " -2 61 406- 191 -SO 2,' (108) 40821605 2'. '. 160) 414111 -38 3 10 - 40B415-13 1 2: 62 43 &191 -11 2 109 4013 -2 161 414.11137 3 - 11 408 IR-11 - 2 " I G3 408 -191.04 2 110 '- 408-182-02 2 102 41411142 3 2. 40811414, 2 (64) 40849805 2 (111). : 408- 18201 - `. Z (163) 414111Q8 3 '13 - 408. 154-15 - 2; 65 4D6.191.13 2 - ,:(1121 408 -182 09 '..2 -'.. 164 414.11]x04 3 ' - 14 40317410 -:2 408. 201.13 2 - '113 '46&182 -03- 2 165) 414- 111 -05 3 10` ^ 44&-114111 2 -' 67 408 4w812 2 - 14 4US- 18101. - 2 166 414111 -38 3 (18 }• 448-1141" 2.'. 68 408.20141 2 40848105 '. 2 (1 6] 414111 -14 3 l 400.114,1234 2' 69 408201.06 2 (116 ) 40818]:09: ,2.. - 168 414111 -15 9 - '(181 - 408-11402. 1 ". 70 41 2 1E7 ' - 498ml71 -01' 2. 169 414111 -26 3 -I 118) 4081 "1 1 (71) 408401.04 2 4110 '48-171.1,2 ".2:- 170 414111 -08 3 2 408.11+F31, - 2 - -. (72 ) 408201.03 2 ': 119 -- 408 -171-14 .:. 2' 1 (171, ) 414111.09 3 - (211 -. AS 4144 '1 2 " (73 408.20102 2 [120 - 408271 -13 2' _ (172 4i4i11-36 3 408:151.02" 1 2`/' 408 - 20101 2 ':' (123 '408+19142 2 " -. 173 414111 -11 3 4 8. 151 +04 2r.> _Q4)___ (75) 408 - 13407 2 '_ 122 '2 -- 174 414111 -12 3 041 40815108: ?,: 76 4KAPIM06 2 _.4123 .3408 -171 -M .2 175 414111 -33 3 (25) 408 -1 Yq1 -. 2 (77) 403.13410 2 '. 124). .404 }7146 "2 -. 176) 4U l21 -01 9 (28) - 408 -: 41,02- 3'r 73 449,43942 2 .: 25 - : p0 @dl1 -O8: t '2 177 414421 -10 3 3y) - 408. 142.02; . 2 834 932-892-29 267 W408:]]iy] 2 8 414121 -OS 3 ry408- iR3T01 1" (]88 932.89226 2 ^ 127 '403.17Y18 2 (1]9 414121 -06 3 29 403 - 146x02 1 -'- POC 932- b9) - - -2] 2 170) g1!Y17 &l8: -2 1.90 414121 -11 3 Q9� 408-1 '0f i' d 78D 982.84228 2 _ L�12 '40041a41> 2' 181 34'14- 121 -13 9 q0E- 144 -PM1. 2- 90E 93809229 2 130 +IpB-Y2415- 2. 182) 414 -12145 3 (32) r 40814.03'''.2 -. (]9 40349101 2 131 - 40412416 �2- (183) 414 -121 -14 3 (38) - 4:05. -' 2 (80 40R -LE401 2 -..152 - 4b8'12410 __2: (184) 414121 -09 3 34).' �0A1.. 2 -: (81) 905i35o2 1 (132' 408;12¢09 2 ., (1851 414121 -OS 3 .3 - ,5,.'.08'_ ,. 2-.' (82 408135.03 2 (134 .45'- 125 -42 -. 2 . 186 414121 -16 3 486 : .502 2 S3 403 13s11 2 - 335 W 4034.12441 2 187 414131 -23 3 37) 5537 -. T -' (84 408.13512 2 (13 - 408451.13 -2 184 414- 131 -2] 3 38 52,26 1418�1524U 2 85 40043505 2 ,187 408.161.10 :2 189) 41413128 3 39 - '29. 2 06 408.135.06 2 138 408mUnW9 2' 190) 41413129 3 (40) 249 ` 2 87 40845.07 2 (139) - 41@.161.06" 2 (191) 414131 -26 3 41 -293 2 " 88 40813514 2 -140 -008161 -14 -.2 102) 414 -13825 3 2.09 R (89 408135.13 2 '"1.41 - 48616142' - 2 193 414,231 -15 3 (43): 2+42 2' . 90 408.13509 2 (142 - .405$6141' -2 - 194 41,1431 -14 3 :44' .408,152+45. .1 (911 408155.10 2 - &43 - .406.16148 2 N. 5 414131 -13 3 145 409!152344- 2. _,' 92 436196.01 2 1AI 408.1$115 2 196 14131 -56 3 (46) ;16 x (93 408m136m02 2 - _145) 408461;18, 2 19]) 41,1131 -57 3 '(47)' 21]. 2 194) 408136.03 2 (14 4084S484, ! 2 -: 198) 414431 -10 3 (43) 2.4' - 2 '. '95) 408136.04 2 (147) .408 461.03 2. 199 414131 -50 3 ''.49) 2.2© 14N�Z�213 2 96) 400.136 -o5 2 (148x. 400 461.20 Y 414431-54 3 - (5 '. 2' 197) 408.136346 2 (141 40646119: 2 - __1202L_ 201) 414 34 31 -55 S (51) ' 2:.29 2 98) 403403.01 2 (150) 400161.27 52' 230 2 "' 199) 40420306 2 (1511 408- S6L18' 2 RECORDED TH18-DAY OF 20_ATTHE HOUR OF O'CLOCK.M, IN BOOK OF MAPS OF A68ESSM ENT AND COMMUNITY FACLLITIES D18TRICTS AT FADE_, IN THE OFFICE OF THE OOUNTY RECORDER IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA. FEE.,_ DOCUMENT NO _ CLERK- RECORDER COUNTY OF ORANGE FILED IN THE OFF IDS OF THE CITY CLERK OF THE CITY OF SANTA ANA. COUNTY OF ORANGE, STATE OF CALIFORNIA THIS __DAY OF __ 20, CITY CLERK CTY OF SANTAANA I HEREBY CERTIFY THATTHE WITHIN MAP SHOWING THE PROPOSED BOUNDARIES OPA65E60MENT DISTRICT N0,2016Ai(WARNER INDUSTRIAL COMMUNITY) OF Fill CRY OF6ANPAANA,COUIJTYOFO0.AIJOE STATE OF CALIFORNIA, WABAPPROVED BY THE CITY COUNC TAT AREGULAR MEETING THEREOF HELD ON THE _ GAY OF- 20_, BY ITd RC60LUTION NO. __ CITY CLERK CITY CF SANTAAIJA INDEX SHEET NO, 1- VICINITY MAP, PROPOSED BOUNOARYMAP, CERTIFICATES AND JUT OF PA RNALS INCLUDED IIJ PROPOSED BOUNDARY MAP SHEET NO, 2- PROPOSED BOUNDARY MAP ASSESSMENT REFERENCE NUM1IEERS 1 - 161 SHEET NO 3- PROPOSED BOUNDARY MAP ASSESSMENT REFERENCE SUPREME 162 -]C1 558 -26 SHEET I OF MICHAEL SWAN PROFESSIONAL CIVIL ENGINEER 26937 DBCBmW 2015 P SOMA S 555 --28 ASSESSMENT DISTRICT NO. 2015 -01 (WARNER INDUSTRIAL, COMMUNITY) PART A ASSESSMENT DIAGRAM Assessment Diagram begins on next page 11 55B -29 ASSESSMENT DIAGRAM OF ASSESSMENT DISTRICT NO. 2015 -01 (WARNER INDUSTRIAL COMMUNITY) OF THE CITY OF SANTAANA COUNTY OF ORANGE, STATE OF CALIFORNIA LISTOFASSESSOR PARCEL NUMBERS LOCATED WITHIN BOUNDARIES OF ASSESSMENT DISTRICT NO. 2015,01 AS OR FISCAL YEAR 2015.2016 A85 ESSNIFNT REFLyjENCE " NU&1REk''NU ASSESSpP aPAPCB„'p. B6 '' i 1 $NELY , NO' ASBE�$MENT REFERENCE "NOMBBA - g55j150g PAtCBL; - NUMI9ER SHEi =N9 A53E53M3N7 : &EFERENCE , l.UMR A66Q'�50R �AR..I, MBER SEfifiT _No": A3SE5 MENf �iFFEREN GE .;']NUMBER AS$859DR I(}.RCEL ?0li7�epp 6pCLT,a Nbi: 1 40 &021 -01 .2 53 408- 192 -31 2 ::(100 ) 408 -203-07 2 :' (152) 414111 -21 3 (d) 408- 113 -11 2....- (54) 408 -152 ,02 �.. 2 (i01) 408202.04 2'`. (153) 414- 111.22 3 '.131 408 113-12 2 s 55 401 2 f 102 - - - 108-202-03 �T2-' 154) 414- 111 -23 3 4`- 408 113 02 ] (56) 408- 152.34 2 103 408.202 02 -. 2'. - 155) 414111 -24 3 ',[5 .408- 113 -03' _2- .' 57 408152 -35 2 (101) 400- 202 -01 ,.2 - 156 414111-23 3 6 AU &113 -04. 2 58) 40&152.40 2 w.. -- 103' 408-209 -03 2 1571 414111 -18 3 S1]. A06113-05 2 - 59 400.152.41 2 - 106 -' 408;20400 -'2 ((]5R 414111 -19 3 .1408- 11}:10' "2 - 60 406191, -08 2 j107:. 400. 201 1 (1591 414111 -20 3 ;(9 -'. 408.113.06. 2- '. (611 408491 -10 2 ' 100) � AGR�21Y05 '2 ' (160) 414111.38 3 SQ A08- 113 -13.. - 2 62 408 - 191 -11 2 1109) .:408.21303 - 2 161 414111 -37 3 11 - '4 313 -U " 2:;. 63 LL 40 &191-04 2 .1'110.- 409 - 18202 ;2 , 162) 414111;32 R '.: 12)' _4118 -114-M 2'.: (64 406 191 -OS � 2 .111) 408- 18701 .2 (164 414111-28 3 -. 1 _ 408 114 -15 :--2. -' 65 408- 191 -13 2 '(112) 400]8208 .2- ' 164) 414111 -04 3 (14) ' 4tltt11T1 -10: '. - -2 ' 66 40b201-13 2 -.' 003) '.408- 182 03 - ` 2- - (165) AM 41 -05 3 ED) - 4001'1431: }2...1. 67 400.20142 2 114 408- 181'01 ':2.:. 16G 414- i11 -33 3 -'1 400 -il I;J3 68 4DeI 2 ..' 115 - 408. 181 -05 2- 167) 41411114 9 ;I7) 40X- 114 +12 2:: - (69 ) 401 2 ) 11fi1 408 -18104 2. ` 168 41411145 3 408.114 02 2 70) 40 1 2 .,.(117 ) 4001 '- 2 ( 169) 41411226 3 14L 408 +11401... -2 -`'. 7D 46X201.04 2 :.. N - .405 -121,02 -2:'- 170 414411 -08 3 '. Z' R 83}4F05 '2 - 71 400201•oS 2 -- A19 408.171.14 - 2 -'2 (171 414.111-09 3 �1 -- 908 -}14 04' ° 2l 74 408,201.02 2 g2ol 408- 171.13. -. 172 414111.96 3 ,22 -- 408,151.OB'. ",' 2' 74) 408.201.01 2 121 - AD9-i]1-12 '- 2 173 414- 111 -11 3 29- 40,0451 045. b (75 40613447 2 J 522L -. 408. 171 =15 - -,2 '' (174 ) 4LO!il.12 3 '(Z4Y 4OA45i-D¢, 2'' 76 40 &134.00 2 123) - 408171 D9' 2 175 414- 111 -35 3 408- 14LC11 •' 2'. 77) 40013410 2 (1211 40847116 2" - 17 6) 414421 -01 3 2b 408;141102' 2�' ,-(JAI 408134.12 2 .:.'125 408-171-00 2 -': 177) 414121 -}0 3 (27-, 400- }42102 -, 2 -. (]8A ) 93239225 2 226 408-171-11 " 2. 1,78 414121.05 3 38 401 2 " (78R ) 932-892-26 2 .(127 ) 408171 -1A - 2.- 179 414121 -06 9 HID) - 401 : 3 786 932892 -27 2 (1 41 - ,00812418 "' 2 180) 414121 -11 3 w.. - 90 408.144.61 2 I ]SD 932-892 -28 2 '128 408,12447 -. 2 _ _.. 131 414121 -13 3 "31 '. 408-144-0@ „1'.. 78C 932-89229 2 -' 136 408+ 12415 '( : 22 414-121 -15 3 - 3 - ,400444(5 ' 2 (79) 408191.01 2 m. 131) - "' 40842416 2 :: 183 414. 121 -14 3 33) 1 40414405 "'P ' (80) 408134 -01 2 ..182) - 409 +11410 2.: 184 4L4421 -09 _ 3 -. (94 408.145:01 '2 (81 408435.02 2 -1 133]y 408+12409 "2- (185 ) 414. 121 -08 3 ,31 498-145.03'. 2 - �, 82 409195 -03 2 ., :134) "408424-12- 4 -: 186 414.121 -16 3 -36' 408.145 -91 ti 83 90X195 -11 2 3 ':409 -12411 - 2' 107) 414131 -23 3 .37) 40839237 2 84 406135 -12 2 186) 468- 161 -13 2 (180) 414131 -27 3 38) -' 400352-68 '. C -. 851 40849505 2 - 137 ' 400i1E110 : 2 109 414131 -28 3 - -39) 40 &15223 2' 8E 408/3606 2 TJ4138 40&16b09.' 2 190 414131 -29 3 4A 408452 -89. 2 (87) 408. 155.07 2 '10 . -. 408-1E1 +06 2 191 414131 -26 3 41) ' 408- 191 -88 '' 2 (88 408-IM -14 2 40 408161.14' 2 ' - 192 414.13225 3 :42 - 408 -15209 3 89 408x135.13 2 - 141 408181.12 2 - 193 42143115 3 JAE) 408 -23242 1 3 (90 ) 408- 1211 2 .1421 - 460461 -11. 2 194 41415114 3 400,132-43 ','2- (91) 40813540 2 11YIS 406161.00 2 195 4L4131.13 3 45 401 ' 2 92 R 13G01 2 40616I .'2 196 414131 -56 3 45 - 40915816 2'- 93 408136,02 2 - 40616118' - 2 197 414131.57 3 - 4 - 40A-15247 2' 94 40813603 2 - 400. 161 -04' 2 198 414131-10 3 (4 4D814t�45' '2 -' 95) 408426.04 2 408161+03. 2 199 41413130 3 RI 408152•20 3 : (96 408013605 2 114 408 161 -2p .2 200 414411.54 3 50) 406 152.28 1: (97) 4061900E 2 408 16219 1 (201 414- 131.35 3 In 40945222 2 (98) 406203.01 2 40816217 2 (52) 408.192.90 2 (99) 404. 20306 2 ' 40916118 - 2 RECORDED IN THE OFFICE OF THE SUPERINTENDENT OF STREETS OFTHE CRY OF SANTAANATHIS_DAY OF_,20_, SUPERINTENDENT GF STREETS CITY OF SANTA ANA ASUCROEO TH IS_ DAY OF _,T„ 30_, AT TH E HOUR OF O' CLOCK _M IN BOOK__ OF MARE OF ADSESOMENTAND COMMUNITY FACILITIES DISTRICTS AT PAGE _, IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA. FEE_ DOCUMENT NO. ____ CLERWRECCROER COUNTYOFORANGE FILED IN THE OFFICE OF THE CITY OLEN<OFTHE CITY OFSANT:ANA, COUNTY CF ORANGE, STATE OF CALIFORNIA THIS --DAY OF 49_, CITY CLERK CRY OF SANTAANA AN ASSESSMENT LEVIED BY THE CITY COUI401L ON THE LOTS, PIECES, AND PARCELS OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM, TI1E A58ESSAIENY WAS LEVER ON THE DAY OF D 30_; THE 106ROSMEN7 DIAGRAM AND THE ASSESSMENT ROLL WERE R SCORCH) IN THE OFFICE OF THE SUPERM7SNDENT OF STREETS OF THAT CITY ON THE DAY OF _-,-_, 20. REFERENCE IS MADE TO THEASSESSMENT ROLL RECORDED IN THE OFFICE OF THE SUPER INTENOENT OF STRE ETS FOR TH E EXACT AMOUNT OF EACH ASSESSMENT LEVIED AGAINST EACH PARCEL OF LAND SI IOWN ON THIS ASSESSM ENT OAGRAM, INDEX SHEETING 1- VICINITY MAP, ASSESSMENT DIAGRAM CERTIFICATES AND LIST OF PARCELS INCLUDED IN ASSESSMENT DIAGRAM SHEETN0, 2 -AE8E08MENT DIAGRAM ASSESSMENT REFERENCE NUMBERS I -161 VICINITY MAP SHEE71 OF'3 MICHAEL SWAN PROFESSIONAL CIVIL ENGINEER 25737 December 2015 CITY CLERK P B O M A S CITY OF SANTAANA inmIll. wwim BA }'.:aioi [�I L 55432 ASSESSMENT DISTRICT NO. 2015 -01 (WARNER INDUSTRIAL COMMUNITY) PART 5 METHODOLOGY OF ASSESSMENT SPREAD AND CERTIFICATIONS WHEREAS, on the 7th day of July, 2015, the City Council of the City of Santa Ana, Orange County, California did, pursuant to the provisions of the Municipal Improvement Act of 1913, being Division 12 of the Streets and Highways Code of the State of California, adopt its Resolution of Intention No. 2015 -030 for the construction of certain public improvements, together with appurtenances and appurtenant work in connection therewith, in a special assessment district known and designated as: ASSESSMENT DISTRICT NO. 2015.01 (WARNER INDUSTRIAL COMMUNITY) (Hereinafter referred to as "Assessment District'), and, WHEREAS, said Resolution of Intention, as required by law, did direct Psomas, the appointed Assessment Engineer, to make and file a Report, consisting of the following: a. A description of the Improvements b. Plans and specifications C. An estimate of the costs and expenses d. Boundary Map and Assessment Diagram showing the Assessment District and the subdivisions of land contained therein e. Proposed assessment of the total costs and expenses of the Improvements levied upon the parcels of land within the Assessment District f. A proposed maximum annual assessment to pay the cost of administration and collection of assessments For particulars, reference is made to the Resolution of Intention attached herein. NOW, THEREFORE, I, Michael D. Swan authorized representative of Psomas, the duly appointed Assessment Engineer, pursuant to the Municipal Improvement Act of 1913, do hereby submit the following: I, pursuant to the provisions of Assessment Law and the Resolution of Intention, have assessed the costs and expenses of the works of improvement to be performed in the Assessment District upon the parcels of land in the Assessment District specially benefited thereby in direct proportion and relation to the estimated special benefits to be received by each of said parcels. For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is attached hereto. As required by law, a Boundary Map and Assessment Diagram is herein attached as Part 4 of this Report, showing the overall boundaries of the Assessment District, as well as the boundaries and dimensions of the 15 55B -33 ASSESSMENT DISTRICT NO. 2015.01 (WARNER INDUSTRIAL COMMUNITY) respective parcels and subdivisions of land within said District as the same existed at the time of the passage of Resolution of Intention, each of which subdivisions of land, parcels, or lots respectively have been given a separate number upon said Assessment Diagram and In the Assessment Roll. 3. The subdivisions and parcels of land with the numbers therein as shown on the respective Assessment Diagram as attached hereto correspond with the numbers appearing on the Assessment Roll as contained in Appendix B. NOTICE IS HEREBY GIVEN that bonds to represent unpaid assessments and bearing interest not to exceed the current legal maximum rate of twelve percent per annum, may be issued in the manner and form provided in Part 6, Division 10, of the Streets and Highways Code of the State of California (the Improvement Bond Act of 1915), and the last installment of said bonds shall mature a maximum of twenty years from the second day of September next succeeding twelve months from the issue date of the bonds. 5, By virtue of the authority contained in the Municipal Improvement Act of 1913, and by further direction and order of the Santa Ana City Council, 1 hereby make the following assessments to cover the costs and expenses of the works of improvement for the Assessment District based on the costs and expenses as set forth below: As Preliminarily 6. The Methodology of Assessment Spread is set forth herein. Dated this �JfiK day cf -JAtJUAA- 20. % PSOMAS r A / is rio. 25737 mvbHAEL D. SWAN C 25737 Exp. t2 -31 -17 ASSESSMENT ENGINEER or G 16 55B -34 Approved As Modified Final Estimated Construction Costs $5,206,915 Estimated Contributions ($3,033,415) Estimated Financing Costs $859,915 Balance to Assessment $3,033,415 6. The Methodology of Assessment Spread is set forth herein. Dated this �JfiK day cf -JAtJUAA- 20. % PSOMAS r A / is rio. 25737 mvbHAEL D. SWAN C 25737 Exp. t2 -31 -17 ASSESSMENT ENGINEER or G 16 55B -34 ASSESSMENT DISTRICT NO. 2015-01 (WARNER INDUSTRIAL COMMUNITY) METHODOLOGY OF ASSESSMENT SPREAD The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the Assessment Law, must be based on the special benefit that the properties receive from the works of improvement. The statute does not specify the method or formula that should be used in any special assessment district proceedings, The responsibility rests with the Assessment Engineer, who is retained for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. The City of Santa Ana has retained the services of Psomas as Assessment Engineer for the project known as Assessment District No. 2015 -01 (Warner Industrial Community). The Assessment Engineer then makes his recommendation at the public hearing on the Assessment District, and the final authority and decision rests with the City Council of the City of Santa Ana. After hearing all testimony and evidence presented at that public hearing, and upon conclusion of the public hearing, the City Council must make the final decision determining whether or not the assessment spread has been made in direct proportion to the special benefits received. Analysis /Recommended Financing Mechanism The City of Santa Ana is considering using assessment financing to improve the pavement of the local, interior roadway network within the Warner Industrial Community Assessment District (WIC), The purpose of the assessment methodology is to determine the proportionate amount of the assessment to be assessed to each parcel of land based on special benefits received by each parcel. For purposes of this study the following options, which are commonly used in the public finance industry, were considered: 1. Street Frontage. The street frontage Is defined as the length of the side of a parcel that is directly adjacent to the street. The street frontage method is a direct measure of the static utilization of each parcel and its corresponding special benefit proposed from the street improvement. A common way of apportioning costs to a parcel for assessment financing is to apply the cost based on the street frontage. However, this methodology works best when the area under consideration is comprised of parcels with mostly uniform depths, so that the parcel sizes are fairly consistent with their street frontage. Examples of the size versus frontage diversity in the Warner Industrial Community (WIC) is shown in the following examples: two properties have approximately 30 feet of frontage and one is 0.5 acres and the other is 2.8 acres; another two properties have approximately 125 feet of frontage and one is 0.4 acres and the other is 1.2 acres. Also, the WIC includes parcels that take access from private access easements and therefore have no frontage on the improved roadways, but still receive special benefit from the improvements. Another issue with this methodology is that corner properties fronting on two interior streets would carry 17 55B -35 ASSESSMENT DISTRICT NO. 2015 -01 (WARNER INDUSTRIAL COMMUNITY) an additional burden based on both sides of the parcel being counted. Due to the reasons above, utilizing this method is not recommended. 2. Traffic Generation. The amount of traffic generated by each parcel is a direct measure of the special benefit received. This can be determined in terms of trips per day (average daily traffic or ADT) using industry standard factors per acre based on the land use of the parcel. A drawback to this methodology is that the actual land use of each parcel is difficult to determine and may change in the future, which is important since the bond term is anticipated to be up to 20 years. ADT does not characterize the spatial patterns of demand either. Based on the City's general plan, this area is typically industrial and /or commercial; and the ADT factors that can be utilized are typically based on employees and /or customers for industrial and commercial land use. Accurate employee counts can be generated from acreage only if specific industrial or commercial land use categories are known. Since a warehouse would generate 'far fewer trips than a manufacturing or retail -type use this poses potential problems (due to inequities) in determining the appropriate assessment. Due to the reasons above, utilizing this method is not recommended. Parcel Area. The size of a parcel (in square feet or acres) is a direct measure of current and future development capacity of each parcel and its corresponding special benefit received from street improvements. This methodology works well when there is a large diversity of parcel sizes, shapes and frontage within a specific area. The more a property can be developed, the more it specially benefits from the proposed improvements. There is a direct correlation between the size of a property and the extent to which a property may be utilized, because parcel size is one of the main limiting factors on what can be built on a specific parcel. Appendix C represents the area of each parcel within the Assessment District boundary. 4. Length of Travel Footage. The length of travel footage is defined as the length from the farthest access point of the property to the nearest major thoroughfare. The length of travel footage method is a direct measure of the actual utilization of the street improvements by each parcel and its corresponding special benefit derived from the street improvements. Appendix D represents each parcel's distance to nearest outlet on a major thoroughfare. Recommended Direct and Special Benefit Methodology Spreads For the purpose of assessing the special benefits to each parcel In the Assessment District, a combination of two components of special benefit have been identified to quantify the value of the Improvements to be received by each parcel in the District. The first component of special benefit is based on the parcel acreage and the second is length of travel along the roads to be improved by the projects this assessment is funding. 18 55B -36 ASSESSMENT DISTRICT NO. 201501 (WARNER INDUSTRIAL COMMUNITY) The first level of special benefit was assigned based on the size of the parcel (in acres) as parcel size dictates, to some degree, the size of the business, and how much employee and customer traffic it generates. The size of a parcel is an indicator of how much traffic will be generated and how much the parcel will specially benefit from the improved roadways within the District. This special benefit is assigned a value or weighting of 50% of the total assessment. See Appendix C for a diagram detailing each parcel's acreage. Some parcels are land - locked (having no driveway outlet to the streets being improved), but the potential future use of these parcels would specially benefit from the improvements of the interior roadways in proportion to the parcel size. Furthermore, many of these parcels are already being used in combination with adjoining parcels which do have access to the interior roadways, thereby specially benefiting from the improvements. A total of 29 parcels (22 north of Warner Avenue, and 7 to the south) have been identified as receiving this level of special benefit and only this level. These parcels will be charged only the acreage -based component of the assessment. The second level of special benefit was assigned based on the length of the improved street or streets over which vehicles will travel to arrive at each individual parcel, as shown on the map in Appendix D. This benefit was determined by measuring the length of travel in linear feet from the nearest major thoroughfare along one or more of the streets to be improved to the farthest driveway on a particular parcel. Longer lengths of travel contribute more to the wear and tear of the roadway than do shorter trips. This special benefit is thought to be a true measure of how much of the improved streets each particular parcel will utilize and is therefore assigned a value or weighting of 50% of the total assessment. Only parcels having direct access to the interior roadways to be improved will be assessed this component. Therefore, the special benefits will be apportioned to the parcels within the district in the following manner: Methodolo y Percentage applied Parcel Area 50% Length of Travel 50% The total amount to bond equals $3,033,415, assuming the City will contribute $3,033,415 of the total costs. Each individual parcel's allocated amount of the total amount to bond is listed in the Assessment Roll found In Appendix B. Proposition 218 mandates that "Parcels within a District that are owned or used by any Agency, the State of California, or the United States shall not be exempt from assessment, unless the Agency can demonstrate by clear and convincing evidence, that these publicly owned parcels in fact receive no benefit". Roadway parcels upon which improvements are located do not receive benefit and are not assessed. 19 55B -37 ASSESSMENT DISTRICT NO, 2015,01 (WARNER INDUSTRIAL COMMUNITY) There is one publicly owned parcel within the Assessment District which does benefit and is being assessed. Due to the multiple unrelated structures located on this parcel and their different access points to this parcel, it has been determined that only a portion of the parcel's acreage specially benefits from the roadway improvements being funded by the Assessment District. In the southern portion of the parcel, a museum and a school have access to Harvard Street, The 8.18 acres dedicated to these purposes will specially benefit from the improvements and will be assessed. The school located in the northern portion of the parcel is accessed only from Centennial Road, outside the Assessment District, and therefore receives no special benefit from the improvements of the Assessment District. The parcel's total size being 16.96 acres, 8.78 non - benefiting acres are exempted from assessment. See Appendix E for a diagram showing how the benefiting acreage of APN 408 - 021 -01 was calculated. In addition, three undeveloped parcels have been determined to be non - benefiting as they are zoned M -1, but do not meet the Planning Department's requirements for development of M -1 property. These three parcels appear on the Assessment Roll with a $0 assessment amount. In conclusion, it is my opinion that the assessments for the above referenced Assessment District have been spread In direct proportion to the special benefits each parcel will receive from the works of improvements and are for the sole special benefit of those parcels within the Assessment District. Therefore, the improvements do not result in any general benefits. Dated this %day of C IQ U�_, 20 { J H2 PS MA5 c� M r� Y � NO. 2573 / EX0.12 -31 -17 IGHAEL D. SWAN 025737 �sryT clvtU a�`"� ASSESSMENT ENGINEER f OF cP F 20 55B -38 ASSESSMENT DISTRICT NO. 2015 -01 (WARNER INDUSTRIAL, COMMUNITY) CERTIFICATIONS I, Maria D. Huizar, as Clerk of the Council of the City of Santa Ana, County of Orange, State of California, do hereby certify that the Assessments as shown on the Assessment Roll, together with the Assessment Diagram, both of which are incorporated into this report, were filed in my office on the day of 20_ Maria D. Huizar CLERK OF THE COUNCIL CITY OF SANTA ANA I, Maria D. Huizar, as Clerk of the Council of the City of Santa Ana, County of Orange, State of California, do hereby certify that the foregoing Assessments, together with the Assessment Diagram incorporated into this report, were approved and confirmed by the City Council of said City on the _ day of , 20_ Maria D. Huizar CLERK OF THE COUNCIL CITY OF SANTA ANA I, Edwin 'William" Galvez, acting as the Superintendent of Streets of the City of Santa Ana, County of Orange, State of California, do hereby certify that the foregoing Assessments, together with the Assessment Diagram were recorded in my office on the _ day of , 20_. Edwin "William" Galvez, P.E. CITY ENGINEER / SUPERINTENDENT OF STREETS CITY OF SANTA ANA 21 55B -39 ASSESSMENT DISTRICT NO, 201501 (WARNER INDUSTRIAL COMMUNITY) PART 6 PROPOSED MAXIMUM ANNUAL ASSESSMENT FOR ADMINISTRATION AND COLLECTION OF ASSESSMENTS NOTICE IS HEREBY GIVEN that a proposed maximum annual assessment of $30,000 shall be assessed, collectively, upon all parcels identified by the Assessment Roll or each of the subsequent subdivisions of land in the Assessment District, upon which there is an unpaid assessment. Allocation of the annual assessment for administration costs shall be in accordance with the Methodology of Assessment Spread as described in Part 3 of this report, Said annual assessment is to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve or other related funds, Each successive billing period, the maximum annual assessment for administration and collection per assessed parcel may be increased at the rate of 10 %, on the previous year's maximum annual assessment, to account for inflation. 22 55B -40 ASSESSMENT DISTRICT NO, 2015 -01 (WARNER INDUSTRIAL COMMUNITY) APPENDIX A RESOLUTION OF INTENTION RESOLUTION NO. 2015 -030 Resolution begins on next page. 55B -41 RESOLUTION NO, 2015 -030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA DECLARING INTENTION TO ORDER THE ACQUISITION OR CONSTRUCTION OF CERTAIN IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT NO. 2015 -01 (WARNER INDUSTRIAL COMMUNITY); DECLARING THE IMPROVEMENTS TO BE OF SPECIAL BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS; Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares that the public interest and convenience require, and it is the intention of this body, pursuant to the provisions of Division 12 of the Streets and Highways Code of the State of California (the "Municipal Improvement Act 1913 "), to order the acquisition or construction of certain public improvements, together with appurtenances and appurtenant work, in a special assessment district known and designated as Assessment District No. 2015 -01 (Warner Industrial Community) (the "Assessment District "), Section 2, The Improvements. The improvements proposed to be financed through the levy of assessments on properties within the Assessment District are described In Exhibit A attached hereto and incorporated heroin by this reference, and appurtenances and appurtenant work, all necessary for and to specially benefit properties within the boundaries of the Assessment District (collectively, the "Improvements "). The description of the Improvements contained in this Resolution is general In nature and the plans and profiles of the Improvements as contained in the Engineer's Report, (defined below) shall be controlling as to the correct and detailed descriptions thereof. All of the Improvements to be acquired or constructed are to be installed at the places and in the particular locations, and to the sizes, dimensions and materials, to the lines, grades and elevations as shown and delineated upon the plans, profiles and specifications, all to be made a part of the Engineer's Report. Rights -cf -way and easements, If any, required far the Improvements shall be shown upon the plans referred to herein and to be filed with these proceedings. Section 3. Description of Assessment District. The Improvements confer special benefit on the properties within the Assessment District. This legislative body hereby determines that the expenses of the acqulsltfon or construction of such Resolution No. 2016 -030 Page 1 of 8 55B -42 Improvements which reflect the special benefit to be conferred on the properties within the Assessment District from such Improvements are chargeable upon such properties. Such properties are described as follows; All of that certain territory in the proposed Assessment District Included within the exterior boundary lines shown on the map exhibiting the property specialty benefited and proposed to be assessed to pay the expenses of the acquisition or construction of the Improvements described above, such map entitled "Proposed Boundaries of Assessment District No. 2015,01 (Warner Industrial Community)," a copy of which Is attached as Exhlbit B to this Resolution. Section 4. Report of the Assessment Engineer. The proposed Improvements are hereby referred to Psomas, (the "Assessment Engineer") who is hereby directed to make and file a report as required by the Improvement Act, Article MID of the Constitution of the State of California and the Omnibus Proposition 215 Implementation Act (Government Code Section 53750) (collectively "Assessment Law ") such repert to be in writing and contain the following; A. A description of the Improvements; Plans and specifications of the Improvements sufficient to show or describe the general nature, location and extent of the Improvements; C� An estimate of the cost of the acquisition or construction of the Improvements, including the cost of the incidental expenses, in connection therewith; D. A diagram showing, as the same existed at the time of passage of this Resolution of Intention, the following; 1. the exterior boundaries of the Assessment District and any benefit areas therein; 2. the lines and dimensions of each parcel of land within the Assessment District and the Benefit Areas therein, if any; provided, however, such diagram may refer to the county assessor's maps for a detailed description of such lines and dimensions, in which case such maps shall govern for all details concerning such lines and dimensions; and E. A proposed assessment of the total amount of the costs and expenses of the proposed Improvements upon the several divisions of land in the Assessment District and 'the benefit areas therein, if any, in proportion to the estimated special benefits to be conferred on such subdivisions, respectively, by such Improvements. Such assessment shall refer to such subdivisions upon such diagram by the respective numbers thereof. Resolution No. 2015 -030 Page 2 of 8 55B -43 F. A proposed maximum annual assessment upon each of the several subdivisions of land in the district to pay the costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve or other related funds. When any portion or percentage of the assessable costs and expenses of the construction of the Improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated costs and expenses of such construction, and such assessment shall include only the remainder of the estimated costs and expenses. Section 5, Financing of the Improvements. NOTICE IS HEREBY GIVEN that the City proposes to -finance the cost of the Improvements, including the cost of the incidental expenses, in connection therewith through the issuance of bonds (the "Improvement Bonds ") pursuant to the "Improvement Bond Act of 1915" (the "Bond Act "), Division 10 of the Streets and Highways Code of the State of California. The payment of the debt service on the Improvement Bonds shall be secured by the unpaid assessments within the District or the Benefit Area for which such series of the Improvement Bonds have been Issued pursuant to the provisions of the Improvement Act and the Bond Act. The provisions of Part 11.1 of the Bond Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds shall apply to the Improvement Bonds. The principal amount of each series of the Improvement Bonds maturing each year shall be other than an amount equal to an even annual proportion of the aggregate principal of such series, and the amount of principal maturing in each year, plus the amount of interest payable in that year, will be generally an aggregate amount that Is equal each year, except for the first year's adjustment. Pursuant to the provisions of the Improvement Act and specifically Streets and Highways Code Section 10603, the Treasurer is hereby designated as the officer to collect and receive the assessments during the cash collection period. Section 6. Assessment Law, Except as may otherwise be provided for in the issuance of the Improvement Bonds described above, all of the Improvements shall be constructed pursuant to the provisions of the Assessment Law. Section 7. Surplus Funds. If any excess shall be realized form the assessment, it shall be used in such amounts as the legislative body may determine, in accordance with the provisions of law for one or more of the following purposes: A. Transfer to the General Fund, provided that the amount of any such transfer shall not exceed the lesser of One Thousand Dollars ($1,000,00) or five percent (5 %) of the total from the Improvement Fund; Resolution No. 2015.030 Page 3 of 8 55B -44 As a credit upon the assessment and any supplemental assessment; C. For the maintenance of the Improvements; or D. To call Improvement Bonds. Section 8. Improvement Fund. The legislative body hereby establishes a Special Improvement Fund identified and designated by the name of this Assessment District, and into such Fund monies may be transferred at any time to expedite the acquisition or construction of the Improvements, and any such advancement of funds is a loan and shall be repaid out of the proceeds of the sale of bonds as authorized by law. Section 9. Grades. Notice is hereby given that the grade to which the work shall be done is to be shown on the plans and profiles therefor, which grade may vary from the existing grades. The work herein contemplated shall be done to the grades as indicated on the plans and specifications, to which reference is made for a description of the grade at which the work is to be done• Any objections or protests to the proposed grade shall be made at the public hearing to be conducted under these proceedings. Section 10, Proceedings Inquiries, For any and all information relating to these proceedings, including Information relating to protest procedure, your attention is directed to the person designated below: FRED MOUSAVIPOUR EXECUTIVE DIRECTOR PUBLIC WORKS AGENCY CITY OF SANTA ANA 20 CIVIC CENTER PLAZA (M -21) SANTA ANA, CALIFORNIA 92701 (714) 647 -5662 Section 11 • Public Property. All public property shall be subject to assessment In these proceedings unless otherwise expressly provided and listed herein. Section 12. Acquisition. The public Interest, convenience and necessity requires that certain land, rights -of -way or easements be obtained in order to allow the Improvements as proposed for this Assessment District to be accomplished. The Engineer's Report, upon adoption, shall set forth general description of the location and extent of easements and/or° land necessary to be acquired. Section 13. Contribution. The City of Santa Ana intends to provide a contribution of revenues, not otherwise prohibited by law, to the acquisition and construction of the Improvements and the payment of expenses incidental thereto. Section 14. No City Liability. This legislative body hereby declares not to obligate itself to advance available funds from the Treasury to cure any deficiency that may occur in the bond redemption fund, This determination is made pursuant to the authority of Section 8769(b) of the Streets and Highways Code of the State of Ronlutlon No. 2015 -030 Page 4 of 8 55B -45 California, and such determination shall further be set forth in the text of the bonds Issued pursuant to the Bond Act. Section 15, Annual Administrative Assessment. It Is hereby declared that this legislative body proposes 'to levy an annual assessment pursuant to Section 10204 of the Streets and Highways Code of the State of California, such annual assessment to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and their related funds. Section 16. This Resolutlon shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 7" day of July, 2015. APPROVED AS TO FORM: Sonia R, J�arvalho, City Attorney Attorney AYES: Council members: Amezcua Benavides Martinez Pulido Sarmiento Tinalaro (6) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers; None (0) NOT PRESENT: Councilmembers: Revna (1) Resolutlon No. 2015 -030 Page 5 of ft 55B -46 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2015 -030 to be the original resolution adopted by the City Council of the City of Santa Ana on July 7, 2015. Date: / s c. " c r Clerk of the Council City of Santa Ana Resolution No. 2015 -030 Page 6 of 8 55B -47 EXHIBIT A Description of the Improvements Reconstruction of street pavemaiit, constraotion of curb ,ramps, repair of driveway approacltos, sidewalks, cubs, & gatters, adjustrawit of surface xtility fromw & covers, and installatiaa of pavement marldngs. Re8olufion No. 2016 -030 Page 7 of 8 55B -48 Page 8 of 8 P OF PROPOSED BOUNDARIES ASSESSMENT .5 55B -49 ASSESSMENT DISTRICT NO. 2015 -01 (WARNER INDUSTRIAL COMMUNITY) APPENDIX B ASSESSMENT ROLL Assessment Roll begins on next page. 55B -50 Q J J O Z LLI N C n 41 tF cJ n8 n m N ff tlH' . N a w m° WO' 0 10D N m o°'o ,�i l00 n i`rn m N 0 01 M O Lr C M E O fV d' H CI' M N A N m N (D (O1 R{' Ml lL1 H (S) N O fY. 5. 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V? v} � } W T H O 0o ct N lD N sp g 6 h h W 4n Ca W O Ln H N H tIl 1p h H co N N N N h cf F U O h LD 01 l6 O N O lD w h m h O LO m IT N Co m d' H L m N N 00 eF N tt N m m m m N 0 w m N m ct h L LO O m al lO N N h ti N N 0 N qp N O M Ln h N O h Llt Vl O M Lo Q H 01 M O O D -O m H CO Ln h l0 N M <D Ol N 01 h m W N O La w 't m f`_ H c} N d' O O N H � U H O H '-I sf H O O r-I Q O N O N O H O O O H ¢ <C Q 0 4` 7 �GF !71 � cn Ln w cn c�� v�,a In vl In � � z z z u z z z z z z z z ¢ Q Q ¢ D o w Ln w w v`Yi v`Ci N vai vai N z� z� z Z z `C N U7 w .� Ln ti Ln Ln N O N O N 0 0 0 0 C N H h H H N l0 N O Y Q Y O Y Y Y °N °�� m O o��� N�zNZ)NzzzQ ¢ M M N N M m N N N N N N O N O N 0 0� m II1 7' a a N M h 00 Ol La LA 1l1 r' M LO T 6 tl Rt M H H O tl H N N N N N N H rl H u1 to N N N ul N L-i N W H rl vi N ri H H N N N M H N ti N H N N N N N M M M M M M M M M M M M M M M H H H H H rI H H H H H H ei H ci H H .-I N H N H �:t-1 N M � V L h 2 m O H N M� w, h m m O H �v x 000 H H m m m m m m w m m 0 0 55B -57 C O_ 00 if N O Ip a a m 00 O C u N � s m u co N W N co O N N ch � VT � � Q E N o c E N v m w a o U a — 6 m '3 a6 o m 0 ro w h x � m C z > C 0 v v0 O O = C U 0 C ro u v H O i9 v vof t0 c0 U 4 N. o � o c v E N 0 v y v N t0 a 0�0 4= o) C 4 C O Z u h Q h ul Lu1 a ASSESSMENT DISTRICT NO. 2015 -01 (WARNER INDUSTRIAL COMMUNITY) APPENDIX C ASSESSMENT DIAGRAM /Parcel Acreage Parcel Acreage Diagram begins on next page. 55B -58 55B -59 ASSESSMENT DISTRICT NO. 2015 -01 (WARNER INDUSTRIAL COMMUNITY) APPENDIX D ASSESSMENT DIAGRAM /Distance of Travel Distance of Travel Diagram begins on next page 55B -60 55B -61 ASSESSMENT DISTRICT NO. 2015.01 (WARNER INDUSTRIAL COMMUNITY) APPENDIX E CALCULATION OF BENEFITING ACREAGE APN 408021 -01 Calculation of Benefiting Acreage begins on next pace, 55B -62 Museum parcel = 468'x310'= 145,080 sf = 3.33 acres Mitchell School = 383'x389'+ 166'x153' + 168'x166'/2 + 381'x12172 = 211,380 sf = 4.85 acres 55B -63 55B -64 RESOLUTION NO. 2016 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ESTABLISHING LOCAL PROCEDURES TO IMPLEMENT REQUIREMENTS OF ARTICLE XIIID OF THE CONSTITUTION OF THE STATE OF CALIFORNIA AND THE PROPOSITION 218 OMNIBUS IMPLEMENTATION ACT APPLICABLE TO ASSESSMENT BALLOT PROCEEDINGS WHEREAS, Proposition 218 was approved by the voters of the State of California on November 6, 1996 and thereby adopted adding Article XIIIC ( "Article XIIIC") and XIIID ( "Article XIIID ") to the Constitution of the State of California; and WHEREAS, Article XIIID imposes certain procedural and substantive requirements applying to the levy of a new assessment (as defined), the increase of an existing assessment or the extension of an existing assessment; and WHEREAS, the legislature subsequently enacted the Proposition 218 Omnibus Implementation Act (Government Code Sections 53750 and following) (the "Proposition 218 Omnibus Implementation Act") to prescribe specific procedures and parameters for local jurisdictions in complying with Article XIIIC and XIIID; and WHEREAS, the City Council believes it to be in the best interest of the community to establish local procedures applicable to the City of Santa Ana (the "City ") to implement the requirements of Article XIIID and the Proposition 218 Omnibus Implementation Act applicable to assessment ballot proceedings. NOW, THEREFORE, be it resolved by the City Council of the City of Santa Ana as follows: Section 1. Statement of Legislative Intent. It is the intent of the City Council in adopting this resolution to adopt local procedures for conducting assessment ballot proceedings that implement and supplement the requirements of Article XIIID and the Proposition 218 Omnibus Implementation Act in order to facilitate the undertaking of such assessment ballot proceedings. It is the further intent of the City Council that such local procedures be consistent and in compliance with such requirements. These procedures are not intended to supersede or circumvent the requirements of Article XIIID and the Proposition 218 Omnibus Implementation Act. Section 2. Scope of Procedures. The procedures established by the adoption of this Resolution apply to any assessment ballot proceeding undertaken by the City to consider the levy of an "assessment" as such term is defined in Section 2(b) of Article XIIID and Government Code Section 53750(b), the increase of an existing assessment or the extension of an existing assessment. EXHIBIT 3 Resolution No. 2016 -XXX Page 1 of 6 55B -65 Section 3. Assessment Ballot Proceedings. The following procedures shall apply to assessment ballot proceedings as described in Section 2 above: A, Notice of Public Hearing and Assessment Ballot Proceedings. The following procedures shall apply to any notice of public hearing and assessment ballot proceedings (the "Notice ") required to be given pursuant to Article XIIID and the Proposition 218 Omnibus Implementation Act: 1. The "record owner" of each "identified parcel' shall be determined. A "record owner" means the owner of an identified parcel whose name and address appears on the last equalized secured property tax assessment roll (the "Tax Roll "), or in the case of any public entity, the State of California, or the United States, means the representative of that public entity at the address of such entity as known to the City Manager of the City (the "City Manager ") or the City Clerk of the City (the "City Clerk "). An "identified parcel' means a parcel of real property that the City has identified as having a special benefit conferred upon it and upon which an assessment reflecting such special benefit is proposed to be levied or an existing assessment reflecting such special benefit is proposed to be increased or extended. 2. Prior to levying a new assessment or increasing an existing assessment, Notice shall be mailed, postage prepaid, to each record owner at least forty five (45) days prior to the date set for the public hearing. If an identified parcel has more than one record owner, a Notice shall be sent to each such record owner. 3. The Notice given in any assessment proceedings pursuant to this section and in accordance with Article XIIID and the Proposition 218 Omnibus Implementation Act shall supersede and be in lieu of any statutory provisions requiring notice to levy a new assessment or to increase or extend an existing assessment, including but not limited to the notice required by the state statute authorizing the City to levy an assessment or increase or extend an existing assessment and Government Code Section 54954.6. 4. A Notice shall be given through a mailing, postage prepaid, deposited in the Unites States Postal Service and shall be deemed to have been given when such Notice is so deposited. Failure of any record owner to receive Notice given pursuant to this section and in accordance with Article XIIID and the Proposition 218 Omnibus Implementation Act shall not invalidate the assessment ballot proceedings for which such Notice was given. 5. The cost of giving Notice may be included as a cost of the assessment district for which such Notice is provided. Resolution No. 2016 -XXX Page 2 of 8 55B -66 B. Assessment Ballots. The following procedures shall apply to any assessment ballot required to be provided in any assessment ballot proceeding pursuant to Article XIIID and the Proposition 218 Omnibus Implementation Act: 1. Any assessment ballot shall comply with the requirements of Article XIIID, the Proposition 218 Omnibus Implementation Act and this section. An assessment ballot required to be provided in any assessment ballot proceeding shall be mailed, together with the Notice of such proceeding, to all record owners. 2. All assessment ballots must be sealed In the assessment ballot envelope provided with the assessment ballot and returned in such assessment ballot envelope, 3. Each assessment ballot envelope must contain a statement thereon to be signed under penalty of perjury by the person completing the assessment ballot declaring that such person is a record owner or a legally authorized representative of a record owner of the parcel to which the assessment ballot applies. Examples of legally authorized representatives include, but are not limited to, a trustee for a parcel that is owned in trust, a corporate officer authorized pursuant to corporate by -laws or resolution to act on behalf of a corporation as to a parcel owned by such corporation, a general partner authorized pursuant to a partnership agreement to act on behalf of a partnership as to a parcel owned by such partnership. Assessment ballots that are not signed shall not be tabulated. Only assessment ballots with original signatures will be accepted and tabulated. Photocopies of assessment ballots without an original signature will not be accepted and will not be tabulated. 4. All assessment ballots must be sealed in the assessment ballot envelope provided with the assessment ballot and returned in such assessment ballot envelope. All assessment ballots must be returned by mail or otherwise delivered to the City Clerk at the address (the "Return Address ") specified on the assessment ballot or at the site of the public hearing pertaining to the assessment ballot proceedings. Regardless of the method of delivery, all assessment ballots must be received by the City Clerk not later than the date and time specified in the Notice (the "Assessment Ballot Receipt Deadline "). The Assessment Ballot Receipt Deadline shall be the date and time of the conclusion of the public testimony at the public hearing pertaining to such assessment ballot proceedings. The Notice shall provide that if the public hearing is continued to a date and subsequent to the data and time set forth in the Notice that the Assessment Ballot Receipt Deadline shall also be continued to such subsequent date and time without further notice to the record owners. Resolution No. 2015 -XXX Page 3 of 8 55B -67 Assessment ballots received by the City Clerk after the Assessment Ballot Receipt Deadline shall not be tabulated. This rule applies to assessment ballots returned by mail in an envelope that is postmarked prior to the Public Hearing Closure but are actually received by the City Clerk after such date and time. All assessment ballots shall remain sealed and in the custody of the City Clerk until such assessment ballots are tabulated. The contents of an assessment ballot are not subject to inspection or disclosure until the tabulation of the assessment ballots, At any time prior to the Assessment Ballot Receipt Deadline, however, an assessment ballot may be withdrawn or changed and resubmitted by the person who signed the assessment ballot. 5. The City Clerk may issue a replacement assessment ballot to any record owner whose original assessment ballot is lost or destroyed. Any such replacement assessment ballot shall be clearly marked as a replacement ballot and shall be accompanied by sufficient information to enable the Tabulation Official (defined below) to verify the location and ownership of the property in question and the identity of the person completing and signing the replacement assessment ballot in order to verify its authenticity. 6. If a person other than the record owner of a parcel claims to be the legal owner of such parcel, such person may submit a current preliminary title report, current policy of title insurance or court order evidencing such person's ownership interest in such parcel to the Tabulation Official prior to the time and place of the public hearing pertaining to the applicable assessment district proceeding. The Tabulation Official shall be under no duty to obtain or consider any other evidence of ownership of such parcel. The Tabulation Official shall make a determination of the ownership of such parcel and the decision of the Tabulation Official shall be final and conclusive. If the Tabulation Official determines that such person is the legal owner of such parcel, the Tabulation Official shall mail a replacement assessment ballot to such person or, if the Tabulation Official is not the City Clerk, the Tabulation Official shall direct that the City Clerk mail a replacement ballot to such person. 7. The failure of a record owner or legal owner, if other than the record owner, of an identified parcel to receive an assessment ballot mailed pursuant to the provisions of Section B. above shall not invalidate the assessment ballot proceedings. 8. An assessment ballot procedure does not constitute an election or voting for purposes of Article II of the California Constitution or of the Elections Code. Resolution No. 2016 -XXX Page h of 6 55B -68 C. Tabulation of Assessment Ballots. The following procedures shall apply to the tabulation of assessment ballots in any assessment ballot proceeding pursuant to Article XIIID and the Proposition 218 Omnibus Implementation Act: 1. The City Council shall designate an impartial person to tabulate the assessment ballots ( "Tabulation Official "). An impartial person is a person who does not have a vested interest in the outcome of the proposed assessment and may include, but is not limited to, the City Clerk. 2. The tabulation of the assessment ballots shall take place in an open and public area. 3. The Tabulation Official shall determine the validity of all assessment ballots. The Tabulation Official shall accept as valid all assessment ballots except: a. A photocopy of an assessment ballot which does not contain an original signature; b. An unsigned assessment ballot; c. An assessment ballot received by the City Clerk after the Assessment Ballot Receipt Deadline; d. An assessment ballot which is not marked with an identifiable "yes" or "no'; or e. An assessment ballot which appears tampered with or otherwise invalid based upon its appearance, method of delivery or other circumstances known to the Tabulation Official. The decision of the Tabulation Official, made following consultation with the City Attorney and bond counsel, if any, shall be final and shall not be subject to appeal to the City Council. 4. In the event that the Tabulation Official receives an assessment ballot from more than one of the record owners of an identified parcel the amount of the assessment proposed to be levied upon such parcel shall be allocated by the Tabulation Official to each assessment ballot received in proportion to the respective record ownership interests or, if the ownership interests are not shown on the record, as established to the satisfaction of the Tabulation Official by documentation provided by those record owners. 5. During and after the tabulation of the assessment ballots, the assessment ballots shall be treated as disposable public records, as defined in Government Code Section 6252. Resolution No, 2016 -XXX Page 5 of 8 55B -69 6. The City Council may, in its sole discretion, designate an impartial observer or observers to observe the tabulation and may request that such impartial observers report to the Tabulation Official any irregularities observed in the tabulation of the assessment ballots. The Tabulation Official shall consider any reports of such irregularities and may consult with the City Attorney and bond counsel, if any, regarding such reports. The decision of the Tabulation Official regarding any reports of such irregularities shall be final and conclusive. 7. Following the completion of the tabulation of the assessment ballots, the Tabulation Official shall report the results of the tabulation to the City Council. If there is a majority protest to the levy of a new assessment or the increase or extension of an existing assessment, the City Council shall not levy, increase or extend such assessment. Unless otherwise defined by applicable law, a "majority protest" exists if the assessment ballots received by the City Clerk prior to the Assessment Ballot Receipt Deadline, and not withdrawn, in opposition to a proposed assessment exceed the assessment ballots received by the City Clerk prior to the Assessment Ballot Receipt Deadline, and not withdrawn, in favor of such assessment, weighting those assessment ballots by the amount of the proposed assessment to be imposed upon the identified parcel for which each assessment ballot was received. D. Public Hearing. The following procedures shall apply to the public hearing required to be conducted in any assessment ballot proceeding pursuant to Article MID and the Proposition 218 Omnibus Implementation Act: - 1. The City Council shall conduct a public hearing at the time, date and place specified in the applicable Notice. At such public hearing, the City Council shall consider all objections or protests, if any, to the proposed assessment. 2. At such public hearing, any interested person shall be permitted to present written and/or oral testimony. The City Council may impose reasonable time limits on both the length of the entire public hearing and the length of each interested person's oral testimony. 3, The City Council may continue the public hearing from time to time. Section 4. Effective Date. This resolution and the procedures contained herein shall become effective immediately upon the passage of this resolution and shall apply to any assessment ballot proceeding initiated on or after the date of the adoption of this resolution, including but not limited to the assessment ballot proceedings pertaining to proposed Assessment District No. 2015 -01 (Warner Industrial Community). Resolution No. 2018 -XXX Page 6 of 8 55B -70 ADOPTED this 19th day of January, 2016. APPROVED AS TO FORM: Sonia R.,,Carvalho, City Attorney Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 55B -71 Resolution No, 2016 -XXX Page 7 of S CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2016 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 110113 Clerk of the Council City of Santa Ana 55B -72 Resolution No. 2016 -XXX Page 8 of 8