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HomeMy WebLinkAboutAGENDA REPORT 2000 0105 CC REG ITEM 11LYMM CITY OF MOORPARV -, CALIFORNIA City Council Meeting of !unwary ,5, I b WAr_inFrAVOt-6 MUM toff&rff CITY OF MOORPARK AGENDA REPORT TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public Works DATE: December 10, 1999 (CC Meeting 1 -5 -00) 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 2000/2001 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 2000/2001, 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. Background 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. B. Scope of Effort Except for the proposed changes to the assessment amount for Zone 12 (discussed below), staff is proposing no new or increased assessments for AD 84 -2. In that Proposition 218 does Ad84_01_intent 000354 Initiate Proceedings for Annual Assessments [AD 84 -21 December 10, 1999 Page 2 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 2000/2001 assessments for all AD 84 -2 assessments other than the Zone 12 assessment, will be similar to the process used in prior years. C. Zone 12: Carlsberq Specific Plan Three years ago Zone 12 was established encompassing the properties with the Carlsberg Specific Plan. During this three year period, the amount of the Zone 12 assessment has remained at zero. The construction of the parkway and median landscaping within this Specific Plan Area has been completed. The developers of the properties within the Specific Plan Area have asked the City to assume the maintenance of these facilities. The funding of City costs for that maintenance effort would come from the Zone 12 assessment. In a separate report to the City Council, staff will be presenting information related to a proposed mail ballots to be sent to the owners of properties affected by the Zone 12 assessment. Pursuant to the requirements of Proposition 218, an affirmative vote (majority based upon assessment amount) is required in order to increase the Zone 12 assessment. The results of that mail ballot will be presented to the City Council prior to the Council taking final action on setting the assessments for next fiscal year. 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. E. Assessment Enqineerinq Services Charles Abbott Associates (CAA) has provided the required Assessment Engineering Services to the City in prior years. CAA has provided the City with a price quote to again provide those services to the City. The fee quoted [$7,000] is consistent with the fee amount charged in prior years. Ad84_01_intent �� 56 Initiate Proceedings for Annual Assessments [AD 84 -21 December 10, 1999 Page 3 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. 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 -35251 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] Note: Zone13 [Campesina Park] has been discontinued. Ad84 01 intent 000356 Initiate Proceedings for Annual Assessments [AD 84 -2] December 10, 1999 Page 4 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 2000/2001. With the FY 2000/2001 assessment, the total funds available for this construction project will be $43,280. 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 that 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 Ceili Except for the Zone 12 assessment (discussed above), the assessment amounts for AD84 -2 for next year, may not be increased. Such an action could not occur without first seeking approval of a mail ballot in a manner similar to that used in establishing the Parks Maintenance Assessment District. In the event that the draft budget for FY 2000/2001 indicates that street lighting and parkway /median landscape maintenance costs will exceed assessment revenues, it would be necessary for the City Council to fund that incremental cost from other sources (i. e. Gas Tax Fund and /or General Fund) or direct staff to reduce costs by reducing the service level. I. Public Meeting In past years staff has conducted a Public Meeting to allow the public an opportunity to ask more detailed questions about program costs, assessment amounts and assessment methodologies. Those meetings were held in order to comply with certain provisions of the law pertaining to proposed increases to the assessments. In that assessment increases are no longer possible, such meetings are no longer required. Action to require such a Public Meeting has, therefore, been omitted from the Resolution initiating the proceedings. 000351 1 Ad84 O1 intent Initiate Proceedings for Annual Assessments [AD 84 -2] December 10, 1999 Page 5 J. Public Hearing 1. Mailed Public Hearing Notice Not Necessary: A mailed Public Hearing Notice had been required in prior years to advise of any proposed increase in an assessment amounts. 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. Revised City Policy: In past years the City mailed 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. Last year the City Council determined that this added cost to the Assessment District was not justified and directed that this practice be discontinued. 3. Publication of Notice: It will be necessary to publish a notice in the newspaper advising of the intended June 7th public hearing regarding the subject assessments. Said Notice must be published at least ten (10) days prior to the date of the public hearing. STAFF RECOMMENDATIONS Staff recommends that the City Council take the following actions: 1. Authorize the City Engineer to prepare the FY 00/01 Engineer's Reports for AD 84 -2 for a fee not to exceed $7,000, including reimbursable expenses. 2. Adopt Resolution No. 2000- (Exhibit 1) preparation of an Engineer's Report for Lighting and Landscaping Maintenance Assessment 84 -2) for FY 2000/01. Ad84 01 intent authorizing the Moorpark District (AD 000356 Exhibit 1 (1 of 2) RESOLUTION NO. 2000 - 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, 2000, AND ENDING JUNE 30, 2001, AND ORDERING THE PREPARATION AND FILING OF A REPORT RELATING THERETO WHEREAS, pursuant to the provisions of the "Landscaping and Lighting Act of 197211, 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, 2000, and ending June 30, 2001, pursuant to the "Landscaping and Lighting Act of 197211, 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. WHEREAS, the City Council also proposes to increase the assessment amounts for the parcels within Zone 12 to fund the cost of said maintenance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK 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, 2000, and ending June 30, 2001, 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 00035 RESOLUTION NO. 2000 - Ex. 1 (2 of 2) 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. 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 ATTEST: Deborah S. Traffenstedt, City Clerk day of January, 2000. Patrick Hunter, Mayor 0'0'0.560