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Home My WebLink AboutAGENDA REPORT 2001 0418 CC REG ITEM 11CI'TEEM It-C-0 ACTT -;; A��R�UET . STAFF 2e.CommenOfr- nan,rnGrc.c�01�'7� A�11Lv or- BY: MOORPARK CITY COUNCIL AGENDA REPORT TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public Works DATE: April 6, 2001 (CC Meeting 4- 18 -01) SUBJECT: Resolution of Intent to Form Assessment District AD01 -3 [Tentative Tract 5161 (Cabrillo Economic Development Corporation)] T1TCC'TTCgTC)NT A. Tentative Tract 5161 [Cabrillo Economic Development Corp.] The subject Tentative Tract is located south of Poindexter Avenue and west of Poindexter Park (see Exhibit 1). B. Assessment District Formation The developer has requested that an assessment district be formed to fund future City costs for the maintenance of certain landscaping and drainage improvements. The developer has deposited with the City funds to cover the cost of the district formation. The adoption of the subject Resolution is the first step in that process. C. Engineer's Report If the subject Resolution is adopted, the City's Assessment Engineer will proceed with the preparation of an Engineer's Report for the new assessment district. That report will the following information: • a Boundary Map for AD01 -3; • the reason for the assessment; • the duration of the assessment; • the method of assessment; • the amount of the annual assessment; and • a description of improvements to be maintained. Ad01 03 5161 intent y v, �006-117 AD01 -3 [Tract 51611 Resolution of Intent April 6, 2001 Page 2 D. Petition & Waiver When the Engineer's Report has been completed, it will be attached (as Exhibit `A') to a Petition and Waiver to be signed by the property owner and presented to the City Council for approval. With the presentation of the Petition and Waiver to the City Council, the property owner 1) requests the formation of the assessment district, and 2) waives all rights conferred by Proposition 218 requiring approval of the new assessment by Mail Ballot. Upon receipt, approval and acceptance of such a Petition and Waiver, Proposition 218 Mail Ballots would not be required in order to add this new assessment to the amounts levied upon the properties described in the Petition and Waiver. It is the intent of staff to present the Petition and Waiver (with the completed Engineer's Report attached) immediately subsequent to the recordation of Tract 5161. At that point the developer would be the owner of the property. E. Landscaped Parkways The landscaped parkway to be maintained by the subject Assessment District is located on the south side of Poindexter Avenue between the future Gisler Road and the northwest corner of Tentative Tract 5161, as generally shown on Exhibit 2. F. Drainage Facilities Certain storm water quality efforts and improvements have been imposed upon the project in accordance with the requirements of the City Urban Stormwater Discharge Permit issued to the City pursuant to the federally- mandated NPDES [National Pollutant Discharge Elimination System] program. Those storm water quality efforts and standards include the installation of catch basin inserts. It has been determined that the only way to assure that those devices function properly in the years to come, is to have the City provide for the periodic cleaning, maintenance and replacement of those devices. It proposed that the cost of these `extraordinary' maintenance efforts be funded by the subject assessment district. With the assistance of the developer and their supplier, staff has developed an annual maintenance program description, which was required in order to estimate future maintenance costs. The proposed assessment amount is based on this Maintenance Program. Ad01_03_5161_intent -3 C O GS AD01 -3 [Tract 51611 Resolution of Intent April 6, 2001 Page 3 G. Estimated Assessment Amount The amount of the annual assessment for AD01 -3 will be based on the estimated annual cost to provide the necessary maintenance and to administer the assessment district. Based on those estimated costs, the amount of the annual assessment for AD01 -3 is anticipated to be as follows: Description Total Assmnt No. of Lots Per Lot Assmnt Landscaping $480.00 Drainage $7,500.00 Contingency (20 %) $1,980.00 Administration (incl Assmnt Eng.) $400.00 Total $10,360.00 59 $175.59 H. Resolution of Intent Attached as Exhibit 3 is a Resolution stating the intent of the City Council to form this new assessment district. I. Assessment Engineering The attached Resolution also designates Shilts Consultants to be the Assessment Engineer for these matters and directs said firm to prepare the Engineer's Report required for the formation of this new assessment district. J. Schedule It is anticipated presented to the Report is approve be set for June district and the 2001/2002. that the Engineer's Report for AD01 -3 will be City Council in May. If that Engineer's d by the City Council, a public hearing will 6, 2001, to consider the formation of the approval of the assessments for Fiscal Year K. Assessment Amount vs. Levied Amount Should it be determined that all or any part of the approved assessment will not be required for FY2001 /02, the amount actually authorized to be levied upon the affected properties may be an amount less than the approved assessment amount. A final decision on the assessment amount vs. the levied amount will be determined at the June public hearing. Ad01 03 5161 intent G 1919 AD01 -3 [Tract 51611 Resolution of Intent April 6, 2001 Page 4 STAFF RECOMMENDATIONS 1. Adopt Resolution No. 2001- initiating the process required for the formation of Assessment District AD01 -3. 2. Authorize the City Manager to negotiate and execute a contract amendment with Shilts Associates for the assessment engineering services required for said district formation. Attachments: Exhibit 1: Exhibit 2: Exhibit 3: Ad01 03 5161 intent Location Map Diagram Showing Improvements to be Maintained Resolution of Intent ri 7 - 5 1 L I Exhibit 1 R W F- CHAPARRAL MIDDLE'---- SCHOOL fl _77 LOS ANGELES NV L o CHAPARRAL MIDDLE SCHOOL LIJ CHAPARRAL MIDDLE'---- SCHOOL fl _77 LOS ANGELES NV L o MAR-28-2001 WED 04:36 PM FAX NO, P. 02102 3 .V-Y. t -r. . V. ,A" .-V, -VWd .Mg Nadal V')d 773a Hom&4" J -V� W7 �Dd ((D D 'D (D Lo P9UTE4UTPX aq eq squ umt.oaclvx:[ c-Tocry Exhibit 3 RESOLUTION NO. 2001 - A RESOLUTION INITIATING PROCEEDINGS FOR THE FORMATION OF THE CITY OF MOORPARK LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. AD01 -3 PERTAINING TO THE PROPERTIES WITHIN TRACT 5161 [CABRILLO ECONOMIC DEVELOPMENT CORPORATION] AND DIRECTING PREPARATION OF ANNUAL REPORT WHEREAS, the City of Moorpark provides for the maintenance and improvement of parks, setback landscaping, drainage systems and street lighting services through the City's Landscape and Lighting Assessment Districts. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: The City Council hereby proposes the formation of a landscaping and lighting assessment district to encompass the properties within Tentative Tract 5161 (Cabrillo Economic Development Corporation), pursuant to Article XIIID of the California Constitution, and the Landscaping and Lighting Act of 1972 (the "Act ") , Part 2 of Division 15 of the California Streets and Highways Code (commencing with Section 22500 thereof). SECTION 2: The purpose of the landscaping and lighting district shall be for the installation, maintenance and servicing of improvements to the City of Moorpark described in Section 3 hereof. SECTION 3: Within the landscaping and lighting district, the existing and proposed improvements are generally described as the installation, servicing, and maintenance of turf, ground cover, shrubs, trees, irrigation systems, drainage systems, lighting, fencing, statuary, fountains, and other ornamental structures and facilities, entry monuments and all necessary appurtenances, as applicable, for certain property owned or maintained by the City of Moorpark located in or adjacent to the properties contained within Tract 5161. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of said improvements, including repair, removal, or replacement of all of part of any improvement; providing for the life, growth, health and beauty of landscaping; and cleaning, sandblasting and painting or walls and other improvements to remove or cover graffiti. Servicing means the furnishing of electric current or energy, or other illuminating agent, for the operation or lighting of any improvements, maintaining, operating and servicing street and traffic safety lighting, and water for irrigation of any landscaping or the maintenance of any other improvements. 1007 � :l Resolution No. 2001 - Page 2 SECTION 4: The landscaping and lighting district proposed in this Resolution is hereby given the distinctive designation of the "City of Moorpark Landscaping and Lighting Maintenance Assessment District Number AD01 -3." SECTION 5: Shilts Consultants, Inc. is hereby designated as Engineer of work for purpose of these proceedings and is hereby ordered to prepare an Engineer's Report in accordance with Article 4 of Chapter 1 of the Act and Article XIIID of the California Constitution. Upon completion, the Engineer shall file the Engineer's Report with the City Clerk for submission to the City Council. 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. PASSED AND ADOPTED this day of ATTEST: Deborah S. Traffenstedt, City Clerk 2001. Patrick Hunter, Mayor