HomeMy WebLinkAboutAGENDA REPORT 1999 0120 CC REG ITEM 10HTO:
FROM:
DATE:
CITY OF MOORPARK
AGENDA REPORT
The Honorable City Council
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City Conned Meeting
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BY:
Kenneth C. Gilbert, Director of Public Works
January 8, 1999 (CC Meeting 1- 20 -99)
SUBJECT: Consider 1) Selection of a Consultant to Perform Certain
Assessment Engineering Services; and, 2) Adoption of a
Resolution Initiating the Proceedings Related to the
Levy of Assessments for AD 84 -2 for Fiscal Year
1999/2000
EXECUTIVE SUMMARY
This report requests consideration of the selection of the
consultant to provide certain Assessment Engineering services
required to consider extension of Assessment District 84 -2 (street
lighting and parkway /median landscaping) for Fiscal Year 1999/2000,
and the adoption of a Resolution initiating the proceedings
required to consider the levy of said assessments. The consultant
recommended to provide the required Assessment Engineering Services
is the same firm used in prior years. Also, the scope of work and
the cost for said services is comparable to costs incurred for such
services in prior years.
DISCUSSION
A. Parks Maintenance Assessment District
The City recently retained the services of Shilts Consultants to
manage the process required to establish a new parks maintenance
assessment district in a manner consistent with the requirements
of Proposition 218. If successful, this new assessment district
will re- establish the revenue stream for parks maintenance
which, in previous years, came from Assessment District AD85 -1.
Ad84 2000 intent
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B. Assessment District AD 84 -2
In 1984, a Landscaping & Lighting Maintenance Assessment
District (AD 84 -2) was created to fund costs associated with
street lighting and the maintenance of various landscaped areas
in the City. This was a successor to the District enacted by
the County of Ventura prior to incorporation.
The "role- over" of the AD84 -2 assessments is significantly
different from the above described program being managed by
Shilts Consultants for the establishment of a new parks
maintenance assessment district. Except as noted below, staff is
proposing no new or increased assessments for AD 84 -2. In that
Proposition 218 does not require ballot approval of the levy of
assessments which are not being increased, the process to be
utilized for the setting of the FY 1999/2000 assessments for
AD 84 -2 will be similar to that used in prior years.
C. Zone 12: Carlsberg Specific Plan
Two years ago Zone 12 was established encompassing the
properties with the Carlsberg Specific Plan. In that the median
and parkway landscaping along the arterial streets in and
adjacent to this Specific Plan area were only recently
constructed, the assessment amount for this zone for the past
two years was zero. The landscaping in this area is now or will
soon be completed. It is the intent of the developer to ask that
the City assume the maintenance of these facilities. The funding
for that maintenance would come from a Zone 12 assessment
proposed to be set at a level sufficient to fully fund those
costs. This proposed increase in the Zone 12 assessment will
require affirmative votes on a mail ballot to be sent to the
owners of the affected property. It is the intent of staff to
prepare and present such ballots to those property owners within
the next few months.
D. Engineer's Report
As part of the annual budget process, the City Council considers
whether to renew the subject Assessment District and levy
assessments for street lighting and landscaping maintenance for
the upcoming fiscal year. According to state law, before
assessments may be levied, an Engineer's Report must be prepared
for each assessment district. The preparation of a report does
not require the City to approve the report and levy assessments.
The purpose of the report is to develop the information
necessary to make that decision. The report sets forth the
items proposed to be funded by the district and the methods to
be used to distribute the cost for those items to all of the
properties in the City. As in past years, it will be necessary
for the City to retain the services of an Assessment Engineer to
prepare that report.
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E. Assessment Engineering Services
The City solicited and received Proposals from both Shilts
Consultants (Shilts) and from Charles Abbott Associates (CAA) ,
to provide the required assessment engineering services. The
qualifications and the services offered by both firms was
generally comparable. The fees quoted for these services are as
follows:
• CAA $6,800
• Shilts: $7,500.
It is the recommendation of staff that CAA be retained to
provide the required Assessment Engineering services for AD 84 -2
for FY 1999/2000. CAA, along with Dwight French & Associates (a
CAA subsidiary in prior years), has provided these services to
the City for a number of years.
The services to be provided by CAA are generally described as
follows:
• compile and analyze the data required to develop the final
report;
• prepare the preliminary and final Engineer's Report;
• incidental expenses (telephone expenses, travel expenses,
meeting attendance, copies of County tapes and /or Assessor's
maps, on -line computer services, messenger /express mail, and
photocopying) are included in the fee.
As in past years, City staff will administer, and the City will
fund expenses (copying, sorting, envelope stuffing, postage,
etc.) related to the mailing of the public hearing notices and
the public information insert.
F. Improvements Funded by Assessments
The improvements and maintenance funded by the AD84 -2
assessments is generally described as follows:
1. Street Lighting: Street lighting energy and maintenance
costs are funded by the street lighting component of the
assessment.
2. Citywide Landscape Maintenance: The maintenance of certain
designated parkways and medians is funded by the Citywide
landscaping component of the assessment.
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3. Zones of Benefit:. The maintenance of certain designated
landscaped areas is funded by assessments levied upon lots
within certain Zones of Benefit. There are no new Zones of
Benefit proposed to be added in FY 1999/2000. A list of all
of the Zones of Benefit is as follows:
Zone Description
1 Pecan Avenue [T -2851]
2 Steeple Hill Area [T -2865]
3 Buttercreek /Peppermill [T -3032]
4 Williams Ranch Rd [T -3274]
5 Pheasant Run Area [T -3019 & T -3525]
6 Inglewood St. [T -3306]
7 Moorpark Business Park (L. A. Ave & Gabbert)
8 Home Acres Buffer
9 Moorpark Industrial Park (Condor Drive)
10 Mountain Meadows (PC -3)
11 Alyssas Ct. [T -4174]
12 Carlsberg [a] & [b]
13 Villa Campesina [T -4147]
Notes: a Prior Year Zero Assessment
b Prop. 218 Ballot Required Prior to Levy
4. Zone 2 Improvements:. In addition to the zone maintenance
assessments, the lots within Zone 2 have in past years been
assessed a $10 per lot improvement assessment for a future
project to construct parkway landscaping on the north side of
Tierra Rejada Road, east and west of Southhampton Road. It is
proposed that this improvement assessment be assessed again
in FY 1999/2000. With the FY 1999/2000, the total funds
available for this construction project will be $37,060.
G. Resolution
In accordance with the requirements of applicable sections of
the Streets and Highways Code of the State of California, the
resolution attached as Exhibit 1 initiates the process required
for the City Council to consider continuation of the subject
Assessment District. Upon adoption of this resolution, the
Assessment Engineer will prepare an Engineer's Report for
Assessment District AD 84 -2. The draft Engineer's Report will
be considered by the City Council for approval in April. If
approved, a public hearing will be scheduled for the first
meeting in June to consider the levy of the assessments.
H. Assessment Ceiling
It should be noted that, unlike prior years, it will not be
possible for the City to increase the amount of the assessments
from the amounts currently being assessed. Any increase to any
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of the assessment amounts would first require an affirmative
vote on a mail ballot, similar to the process discussed above
being undertaken to establish a new parks maintenance assessment
district. It is likely, therefore, that it will be necessary to
augment AD84 -2 assessment revenues with funds from other sources
(i. e. Gas Tax Fund and /or General Fund) in order to fund the
maintenance costs previously fully funded by the AD84 -2
Assessment District. The amount of the "shortfall," if any, will
be discussed in the Engineer's Report.
I. Proposition 218 Exemptions
It should also be noted that any increase in the aggregate
assessments levied upon a property, which is the result of a
land subdivision and /or a change in land use, is exempt from the
provisions of Proposition 218.
J. Public Meeting & Public Hearing
1. Notice Not Necessary: In the past State law required that,
prior to any increase in an assessment, the affected property
owner had to be mailed a public hearing notice advising of
the date, time and location of the Public Hearing on the
matter. With the passage of Proposition 218, this requirement
is obsolete. As discussed above, the assessment amounts may
not be increased without an affirmative vote on a mail
ballot. Hearing notices are no longer necessary.
2. Past City Policy: In past years it has been the policy of the
City to mail public hearing notices to every affected
property, whether the assessment amount was to be increased
or not. The cost of the mailing of these notices is estimated
to be approximately $6,000.
3. Purpose of Mailed Notice: The primary purpose of the mailed
public hearing notice was to advise each property owner of
the amount, if any, of any increase to the assessment on
their property. Since no increases to the assessments are
proposed, there is no compelling reason to mail notices.
4. Discontinue Mailed Notices: In the past, expenses related to
the mailing of notices were funded by assessment revenues. As
discussed above, there is now a ceiling placed upon the total
assessment revenues which can be generated. Costs which
exceed assessment revenues will have to be funded by other
sources. In order to reduce costs, it is recommended that the
City discontinue the mailing of public hearing notices.
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5. Publication of Notices: It will be necessary to publish a
notice in the newspaper advising of the intended June 2 °d
public hearing regarding the subject assessments.
6. Date of Public Hearing Notice: In past years the publishing
and mailing of the public hearing notices had to occur forty -
five (45) days prior to the date of the public hearing. This
required the City Council to act on the Engineer's Report in
April. Again, since there are no increased assessments
(except for the Zone 12 assessment to be supported by a mail
ballot) the hearing notices need not be published (or mailed)
until ten (10) days prior to the hearing. It is the intent of
staff, therefore, to schedule City Council review and
approval of the Engineer's Report for the first meeting in
May, instead of the first meeting in April.
7. Public Meeting: The Public Meeting with staff prior to the
public hearing, is also no longer required. It is the intent
of staff, therefore, to not schedule such a meeting. In past
years very few people attended these Public Meetings.
STAFF RECOMMENDATIONS
Staff recommends that the City Council take the following actions:
1. Authorize the City Engineer to prepare the FY 98/99
Engineer's Reports for AD 84 -2 for a fee not to exceed $6,800
including reimbursable expenses.
2. Direct staff to discontinue the past practices of mailed
public hearing notices to each property owner and holding a
public meeting prior to the Public Hearing.
3. Adopt Resolution No. 99- (Exhibit 1) authorizing
preparation of an Engineer's Report for the Moorpark Lighting
and Landscaping Maintenance Assessment District (AD 84 -2) for
FY 1998/99.
Ad84 2000 intent 000-140
Exhibit 1 (1 of 2)
RESOLUTION NO. 99 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, INITIATING PROCEEDINGS FOR THE
LEVYING OF ANNUAL ASSESSMENTS FOR "MOORPARK LIGHTING
MAINTENANCE ASSESSMENT DISTRICT NO. AD -84 -2" FOR THE
FISCAL YEAR COMMENCING JULY 1, 1999, AND ENDING JUNE 30,
2000, AND ORDERING THE PREPARATION AND FILING OF A
REPORT RELATING THERETO
WHEREAS, pursuant to 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 City Council of the
City of Moorpark, by its Resolution No. 84 -88, adopted May 16,
1984, ordered the formation of the "Moorpark Lighting Maintenance
Assessment District No. AD- 84 -2 "; confirmed and levied the
assessments approved thereunder for the fiscal year commencing July
1, 1984, and ending June 30, 1985; and has confirmed and levied
assessments approved thereunder for each subsequent fiscal year;
and,
WHEREAS, the City Council of the City of Moorpark proposes to
extend the improvements specified in said district for the fiscal
year commencing July 1, 1999, and ending June 30, 2000, pursuant to
the "Landscaping and Lighting Act of 1972 ", being Division 15, Part
2 of the Streets and Highways Code of the State of California; and,
WHEREAS, the City Council proposes to assume the maintenance of
improvements recently installed within Zone 12, said Zone having
been created in 1997 and encompassing the properties within the
Calrsberg Specific Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1: Pursuant to Section 22585, et seq., of the Streets
and Highways Code (the "Landscaping and Lighting Act of 1972 "), it
is hereby proposed to extend the annual assessments levied under
"Moorpark Lighting and Landscaping Maintenance Assessment District
No. AD -84 -2" of the City of Moorpark so as to continue for the
fiscal year commencing with July 1, 1999, and ending June 30, 2000,
to install, construct or maintain any authorized improvements under
the Act, including but not limited to one or more of street lights,
public lighting facilities, landscaping, statuary, fountains, and
other ornamental structures and facilities, and any facilities
which are appurtenant to any of the aforementioned or which are
necessary or convenient for the maintenance or servicing thereof,
including irrigation, electric current and energy; and to provide
incidental expenses in connection therewith.
00Q10I.
RESOLUTION NO. 99 -
Ex. 1 (2 of 2)
SECTION 2: The assessments proposed to be levied and collected
shall be used for furnishing electric current or energy, or other
illuminating agent for street lights, for the usual maintenance and
operation of said street lights, for the maintenance of parkway and
median landscaping and for other improvements as specified in
Section 1 hereinabove.
SECTION 3: To ensure that the costs and expenses of
maintaining, operating and servicing the street and traffic safety
lighting, and the improvements as specified hereinabove, are borne
by the owners of the property to be benefited thereby, this Council
resolves that the proposed landscape maintenance assessment
district consist of all property within the City.
SECTION 4: The distinctive designation for the assessment
district to be continued pursuant to this resolution shall be
"Moorpark Lighting and Landscaping Maintenance Assessment District
No. AD- 84 -2."
SECTION 5: The City Manager is directed to cause to be prepared
an Engineer's Report, in accordance with Article 4, Chapter 1, Part
2, Division 15 of said Streets and Highways Code; and that upon
completion, the report shall be filed with the City Clerk, who
shall then submit the same to the City Council for its
consideration, pursuant to Section 22586 of said Streets and
Highways Code.
SECTION 6: The City Clerk shall certify to the adoption of this
resolution and shall cause a certified resolution to be filed in
the book of original resolutions.
APPROVED AND ADOPTED this 20th day of January, 1999.
ATTEST:
Deborah S. Traffenstedt, City Clerk
Patrick Hunter, Mayor
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