HomeMy WebLinkAboutAGENDA REPORT 2019 0206 CC SPC ITEM 05BCITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of 2.6.2019
ACTION Approved staff
recommendation. Adopted
Reso No. 2019-3786
BY M. Benson
B. Consider Resolution Authorizing Phase I Landscape Maintenance Improvements
in Landscape Maintenance District 20 (Meridian Hills). Staff Recommendation:
Adopt Resolution No. 2019-3786, accepting landscape improvements in Tract
5187 and Tract 5405 into Assessment District Ad -07-02 and authorizing City to
assume maintenance responsibilities effective March 1, 2019.
Item: 5.B.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
By: Jessica Sandifer, Community Services Manager
DATE: 02/06/2019 Special Meeting
SUBJECT: Consider Resolution Authorizing Phase I Landscape Maintenance
Improvements in Landscape Maintenance District 20 (Meridian Hills)
BACKGROUND & DISCUSSION
West Pointe Homes was the original owner and developer of Tract 5187 (Meridian
Hills). In 2003, West Pointe sold the project to William Lyons Homes (WLH). WLH
created Tract 5405, to satisfy Section 6.11 of the Development Agreement relevant to
affordable housing. WLH was required to make certain improvements which included
the Phase 1 Landscape Maintenance Areas (see Exhibit A, Attachment 1) which were a
requirement of the Conditions of Approval for the project. The Conditions of Approval
also required that an assessment district be formed to fund City maintenance costs for
these improvements, once accepted by the City. In 2007, Landscaping and Lighting
Maintenance Assessment District 07-02 (AD 07-02) was formed to fund the City
maintenance costs for the landscape improvements installed in Tract 5187 and Tract
5405. In 2008, WLH sold the development project to ORA Ashford 94, LLC, ORA
Marquis 89, LLC, and ORA Brighton 17, LLC (collectively, “ORA Ashford”) and
managed by The Resmark Companies without notifying the City. An implementation
plan was drafted to ensure that certain improvements, including the landscape
maintenance areas were completed.
In 2014, ORA Ashford subsequently sold their interest in the project to K. Hovnanian,
who is in the final stages of completion of the project. ORA Ashford is requesting that
the City accept the Phase I landscape improvements that were undertaken but not
deemed complete by the City prior to K. Hovnanian’s ownership of the project, and take
over the maintenance of these areas using AD 07-02 funding. Resmark has been
funding the maintenance of the phase I landscaped area since 2007 and has stated
they have no interest in continuing to fund this expense. The City will use available fund
balance in AD 07-02 to complete the phase I improvements after acceptance of the
improvements and assume maintenance immediately. This will ensure that the
Item: 5.B.
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Honorable City Council
02/06/2019 Special Meeting
Page 2
landscape improvements will be completed in a manner satisfactorily to the City and will
improve the overall aesthetics of the Meridian Hills project.
By separate agenda item and separate agreement, the terms and conditions by which
the City will take over the process of completing the landscape improvements are
addressed. Only if the Council approves that separate agreement (entitled “Agreement
for the Acceptance of ORA Ashford Maintained Landscape Areas in the Meridian Hills
Development into Assessment District AD-070-02, Payment for Certain Landscape
Improvements, and Termination of ORA Ashford’s Remaining Obligations under a
Development Agreement”) should the Council take action on this agenda item.
Staff is recommending that the City Council accept the landscape improvements into
Assessment District AD-07-2 to facilitate City commencement of maintenance
obligations for Phase I of these improvements.
FISCAL IMPACT
AD 07-02 will provide funding for the maintenance of the landscape improvements and
is fully funded. There are sufficient resources to cover the landscape maintenance
expenses.
STAFF RECOMMENDATION
Adopt Resolution No. 2019-________, accepting landscape improvements in Tract
5187 and Tract 5405 into Assessment District AD-07-02 and authorizing City to assume
maintenance responsibilities effective March 1, 2019.
Attachment – Resolution No. 2019-__________
19
RESOLUTION NO. 2019- ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, ACCEPTING PHASE I
LANDSCAPE IMPROVEMENTS INTO LANDSCAPE
MAINTENANCE DISTRICT 20 (ASSESSMENT DISTRICT
07-02) AS COMPLETE
WHEREAS, on February 6, 2002 the City Council approved Resolution No.
2002-1938 for Residential Planned Development (RPD) 99-02 and Vesting Tentative
Tract 5187, which allowed West Pointe Homes to construct the Meridian Hills housing
project (“Project”) within the City of Moorpark; and
WHEREAS, subsequent to that approval, West Pointe Homes, sold the Project to
William Lyon Homes in 2003.
WHEREAS, William Lyon Homes submitted Tentative Tract Map 5405 and RPD
2003-1, in compliance with Section 6.11 of the Development Agreement, which were
approved by Resolution 2003-2111 on August 20, 2003; and
WHEREAS, William Lyon Homes sold the Project to ORA Ashford 94, LLC, ORA
Marquis 89, LLC, and ORA Brighton 17, LLC (collectively, ORA Ashford), as managed
by the Resmark Companies, in 2008; and
WHEREAS, the conditions of approval of Tract 5187 and RPD 99-02 and Tract
5405 and RPD 2003-1 required construction of certain landscaping improvements within
the tract and formation of an assessment district (Assessment District No. AD-07-02)
within the tracts to fund the costs of City maintenance of these landscape improvements
at such time as the maintenance is taken over by the City; and
WHEREAS, William Lyon Homes constructed some of the Landscape
Improvements in Tract 5187, and Lot C of Tract 5405, prior to sale to ORA Ashford
(Phase I Landscape Improvements), and references to Phase I Landscape
Improvements in this resolution are solely referring to the portion of the Landscape
Improvements completed by William Lyon Homes and not the phasing of the Final Map
for Tract No. 5187; and
WHEREAS, ORA Ashford was responsible for those Phase I Landscape
Improvements; and
WHEREAS, in 2014 ORA Ashford sold the Project to K. Hovnanian Homes; and
WHEREAS, ORA Ashford has requested that the City complete the required
Phase I Landscape Improvements and take over the maintenance obligations for the
Phase I Landscape Improvement areas installed prior to K. Hovnanian’s ownership of
the Project; and
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Resolution No. 2019-____
Page 2
WHEREAS, in order to take over the maintenance obligations of the Phase I
Landscape Improvements, the City Council must accept the improvements in their
current condition into Assessment District No. AD-07-02; and
WHEREAS, by separate Agreement, entitled “Agreement for the Acceptance of
ORA Ashford Maintained Landscape Areas in the Meridian Hills Development into
Assessment District AD-07002, Payment for Certain Landscape Improvements, and
Termination of ORA Ashford’s Remaining Obligations under a Development
Agreement,” the City and ORA Ashford have reached agreement on the terms and
conditions by which the City will accept the Phase I Landscape Improvements into AD-
07-02 and begin to undertake the work to complete the Improvements and undertake
their maintenance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City of Moorpark hereby accepts the Phase I Landscape
Improvements detailed in Attachment 1 in their current condition pursuant to RPD 99-02
and RPD 2003-1 and authorizes the City to complete the Phase I Landscape
Improvements and assume the responsibility to maintain such improvements, effective
March 1, 2019.
SECTION 2. 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 6th day of February, 2019.
__________________________________
Janice S. Parvin, Mayor
ATTEST:
___________________________________
Maureen Benson, City Clerk
Attachment 1 – Phase I Landscape Improvements
21
ATTACHMENT 1 -PHASE 1 LANDSCAPE IMPROVEMENTS22