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HomeMy WebLinkAboutAGENDA REPORT 2004 0505 CC REG ITEM 10HITEM 10- t4 - �r _ s- s -aoo� A- r oo MOORPARK CITY COUNCIL�� AGENDA REPORT TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public Works DATE: April 23, 2004 (CC Meeting 5 -5 -04) SUBJECT: Consider Approval of the Engineer's Report for Assessment District AD04 -01 [ Colmer - Tract 5307] DISCUSSION A. Background On February 18, 2004, the City Council considered Petition / Waivers from the owners of the property within Tract 5307, approved and accepted those Petitions and adopted Resolution No. 2004 -2170, initiating the process required for the formation of the subject Assessment District. It should be noted that one Petition / Waiver was received from Colmer Development Company (the owner of a portion of the property with Tract 5307) and a second Petition / Waiver was received from the Moorpark Redevelopment Agency (also the owner of a portion of the affected property). B. Tentative Tract 5307 [ Colmer Development The property in question is located at the northeast corner of Los Angeles Avenue and Flory Street. A diagram illustrating Tract 5307 is attached as Exhibit I. That exhibit also identifies and shows the location of the improvements to be maintained by the City through the assessments to be levied by the subject District. Those improvements include Stormwater handling facilities adjacent to Flory Avenue and landscaping on Flory Avenue, Los Angles Avenue and Millard Street. C. Petition & Waiver The aforementioned Petition and Waivers allow the property owners to 1) request the formation of the subject assessment district and 2) waive the required Proposition 218 Mail Ballot approval process. AD04 -01 5307 rpt 000097 AD04 -01 [Tract 53071 Engineer's Report May 5, 2004 Page 2 D. Engineer's Report The Engineer's Report for the formation of this new Assessment District has been distributed to the City Council and key staff members by separate Memo. Copies of this report may be obtained from the City Clerk's Department. This report includes certain information required for the formation of a 1972 Act Lighting and landscaping assessment District, including the following: • a Boundary Map for AD04 -01; • 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. E. Improvements to be Maintained 1. Landscaped Parkways: The landscaped parkways to be maintained by the subject Assessment District are identified on the diagram attached as Exhibit 1. 2. Drainage Facilities: The maintained by the subject identified on Exhibit 1. F. Assessment Amount drainage improvements to be Assessment District are also 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 proposed annual assessment for AD04 -01 is as follows: Description Total Assmnt No. of Lots Per Lot Assmnt Landscaping $14,511.00 Drainage $4,985.00 Total $19,496.00 G. Cost of Living Adjustments The Engineer's Report assessment amounts may any increases to the assessment increases do Price Index (CPI). The such increase which is year. 25 $779.84 stipulates that, in future years, the be adjusted, as necessary to accommodate cost of maintenance, provided said not exceed the increase to the Consumer Engineer's report also states that any deferred, may be added in a subsequent AD04- 01- 5307_rpt 000098 AD04 -01 [Tract 53071 Engineer's Report May 5, 2004 Page 3 H. Public Hearing Adoption of the attached Resolution (Exhibit 2) will approve the Engineer's Report and set June 2, 2004, as the date of a public hearing to consider approval of the levy of the assessments set forth in the Engineer's Report. STAFF RECOM4ENDATIONS Adopt Resolution No. 2004- approving the Engineer's Report for AD04 -01 for FY 04/05 and setting June 2, 2004, as the date of a public hearing to consider the levy of the assessments provided for in said Engineer's Report. Attachments: Exhibit 1: Map of Tract 5307 & Improvements to be Maintained Exhibit 2: Resolution AD04 01 5307 rpt 000099 0 0 +� p 25.00' 125.0 H 0 O O U o Lo� d —4 01 !A W O CD w cl ti w �¢ a � ■ :- Wa -- WESTERL Y LINE OF WALNUT ACRES v �, o N . SUBDIVISION h �i N r Q N O ■ 10' W/UE SEN'CR EASEMENT \ TO MOORPARK MUNICIPAL Y R T NORHEL LINE OF LOT SCHOOL DISTfi'ICT- SEE SHEET 3 / LINE ADJUS7MENT NO. 2000 -18, 2001 - 156744 O.R. SEE SHEET 2 2 FOR EASEMENT / FOR EASEMENT a SEE SHT. 3 DETAIL A" l FOR TYP LOT \ DETAIL D - " Q m w v O �l EASEMENTS J N l � w ` N 89,5500"E 490 03' 59 33 - - J7.00'. 49.33 37 00 - 49.33 - -37.00 - _ - 49.33 - - 37.00 - - 49.33 37.00 -46 38 !. p' o I `O - -- �— 5 00 I " �" I " `" I 4, I - . 64 (n Uj 4, Q 23 142/ 20 R l9 /B R � l7 /6 Q 25 , L 5 o L5 d 15 0 o L5 0 L 19 0 I o f 24 i�22 in°� r � r� o� � i� o� /51I�� h o � v la I� 4800' -- 3833 9i 3z? 1B ),v-j8-3j- - 48,90' - - 38.33' B.0 38 I I �--N 895500° E ,`__13052' N 893720" W 24938' 2� I I N 893500 E R2 -� _120.00'R2 1 N 89:55'00" E `" 175.51 ' 5' WIDEN 89 3720_' W 254.41 ' o C10 f 1 L3B 35 94 38 3 I 1 - - — - '- I _- -�- P.U.E. PUBLIC v o ©f77 C I , L33 �TOONSON�T GOURT 5' W10E P.U.E PUBL /C o tee_ 1 L26 LL UTLLITY CASEMEN% UTILITY EASEMENT c.i N 8759' - I �- 895500 E 13Q53' N 893720' W 254.29 ' c C6 460„ o 45' : 1---48.00'--- -JB 33 =.- 3833a -- 48.80' - 38. J3: - 06' 38 33' I o I o I o I o i. - I `, 32,g ' cb L27 f - V .�°�+ 128 I /2�' /.� o f �* o o f �r o• v r� o ^'� 01 o I oh oo rno 12 o o0 L�36 n. o �, • I o -- LL z 13 0 o Z LSI o 0 2 L5 0 0 2 L5 0 L5 2 3 4 0� 5 6 7 L 14 /. 37 00 ` 49.3 3' 31.95' 49.33' 37 00' 49 33" 37.00' 49.33' I 37.00' 48.3J' I ; I 2I I )p L 13 U N 89 55'00 E SEE SHT 3 / 609.91 I I N 89 55 00" SEE SHEET 3 SEE SHEET 3 i; 30.04 FOR TYP. LOT FOR EASEMENT EASEMENTS -' 4 VENUE FOR EASEMENT , ! . I DETAIL B" & 'C' L 05 A N6�LE5 DETAIL - " 514.91 ' M 514.95'R8 �J/1� - 145 00' CFR3 - -- - -- - - - -- -- -- - - -- 659.90' M / 659.68' R6 4A S5 WA SHER - N 89 3500 E R2 SEARCHED FOR, 659.78' CFR5 - FD CALIFORNIA NOTHING FD, NOTHING SET, OASIS OF BEARINGS TH /S POINT ESTABLISHED , " S71 /0/0413 B Y PRORA TION Dl I TRACT NO. 5307r,E, Exhibit 2 RESOLUTION NO. 2004 - A RESOLUTION OF THE CITY OF MOORPARK, CALIFORNIA, OF INTENTION TO LEVY ASSESSMENTS FOR FISCAL YEAR 2004 -05, PRELIMINARILY APPROVING ENGINEER'S REPORT, AND PROVIDING FOR NOTICE OF HEARING FOR THE CITY OF MOORPARK LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT AD04 -1 THE CITY COUNCIL OF THE CITY OF MOORPARK (the "City ") DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. On February 18, 2004, the Moorpark City Council adopted Resolution No. 2004 -2170, a Resolution initiating proceedings for the formation of the City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD04 -1 pertaining to the properties within Tract 5307 [Colmer] and directing preparation of an Annual Report. Pursuant to this resolution, Shilts Consultants, Inc., the Engineer of Work, prepared an Engineer's Report in accordance with Section 22565, et. seq., of the Streets and Highway Code (the "Report ") and Article XIIID of the California Constitution. The Report has been made, filed with the City Clerk and duly considered by the City Council and is hereby deemed sufficient and preliminarily approved. The Report shall stand as the Engineer's Report for all subsequent proceedings under and pursuant to the foregoing resolution. SECTION 2. It is the intention of the City Council to levy and collect assessments within the District for fiscal year 2004 -05. Within the landscaping and lighting district, the existing and proposed improvements are generally described as the installation, maintenance and servicing of turf, ground cover, shrubs and trees, irrigation systems, drainage systems, lighting, fencing, and all necessary appurtenances, and labor, materials, supplies, utilities and equipment, as applicable, for property owned or maintained by the City of Moorpark located in or adjacent to the properties contained within Tract 5307. 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 or part of any improvement; providing for the life, growth, health and beauty of landscaping; and cleaning, sandblasting and painting of walls and other improvements to 000101 Resolution No. 2004 - Page 2 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. SECTION 3. The District consists of the lots and parcels shown on the boundary map of the District to be placed on file with the City Clerk, and reference is hereby made to such map for further particulars. SECTION 4. Reference is hereby made to the Report for a full and detailed description of the Improvements, the boundaries of the District and the proposed assessments upon assessable lots and parcels of land within the District. The assessment is subject to an annual adjustment tied to the Consumer Price Index for the Los Angeles Area as of December of each succeeding year (the CPI) . In the event that the actual assessment rate for any given year is not increased by an amount equal to the CPI change, any such deferred assessment increase may be added to the total amount assessed in any subsequent year. In such event, the maximum authorized assessment amount shall be equal to the base year assessment as adjusted by the increase to the CPI, plus any and all CPI adjustments deferred in any and all prior years. SECTION 5. Notice is hereby given that on June 2, 2004 at the hour of 7:00 p.m. in the City Council Chambers of the City of Moorpark, located at 799 Moorpark Avenue, Moorpark, California 93021, the City Council will hold a public hearing for the purpose of determination whether the public interest, convenience and necessity require the improvements and whether or not to approve the' Engineer's Report and the assessments therein. SECTION 6. In order to expedite the proceedings, each property owner has submitted a Petition and Waiver. In submitting these documents to the City, the property owners (1) request that the new assessment district be formed; and (2) waive all rights conferred by Proposition 218 with respect to the approval of the new assessment by mailed ballot and the 45 -day time period for balloting. SECTION 7. The City Clerk shall cause a notice of the hearing to be given by publishing a copy of this resolution once, at least ten (10) days prior to the date of the hearing above specified, in a newspaper circulated in the City of Moorpark. 000102 Resolution No. 2004 - Page 3 SECTION 8. 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 Sth day of May 2004. ATTEST: Deborah S. Traffenstedt, City Clerk Patrick Hunter, Mayor 000103