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HomeMy WebLinkAboutAGENDA REPORT 2004 0602 CC REG ITEM 08DITEM $ •� • G -a -aooyr hoc'- cc�.�cQ 400Y - AV MOORPARK CITY COUNC I L AGENDA REPORT TO: The Honorable City Council Public FROM: Kenneth C. Gilbert, Director o f DATE: May 19, 2004 (CC Meeting 6 -2 -04) SUBJECT: Consider Final Review and Changes to the Engineer's Report for Assessment District 04 -01 [Colmer Development - Tract 53071 and the Adoption of a Resolution Confirming the Assessment Amounts for Fiscal Year 2004/05 DISCUSSION A. Background On February 18, 2004, the City Council adopted Resolution No. 2004 -2170, stating the City Council's intent to form the subject new Assessment District, and directing the City's Assessment Engineer to prepare an Engineer's Report for said new District for FY 2004/05. On May 5, 2004, the City Council adopted Resolution No. 2004- 2188, approving the Engineer's Report for AD04 -01 for FY 2004/05 and setting June 2, 2004, as the date of a public hearing to consider the levy of the assessments provided for in the Engineer's Report. 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 1. 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. Ad04 01 apr 000091 AD 04 -01 [Tract 53071 Approve Assessments June 2, 2004 Page 2 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. D. Engineer's Report The Engineer's Report for the formation of this new Assessment District was distributed to the City Council and key staff members by separate Memo in advance' of the action taken by the City Council on May 5. Copies of that report may be obtained from the City Clerk's Department. The Engineer's 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 AD04 -01 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 Landscaping $14,511.00 Drainage $4,985.00 Total $19,496.00 Ad04 01 apr 25 Per Lot Assmnt $779.84 000092 AD 04 -01 [Tract 53071 Approve Assessments June 2, 2004 Page 3 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. H. Public Hearing 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 The "Landscaping and Lighting Act of 1972" [ "Act "] (Streets and Highways Code) requires that a public hearing be held prior to the formation of any new assessment district and the levy of the assessments provided for by that new assessment district. In signing and submitting the aforementioned Petition and Waiver, all affected property owners for this assessment voluntarily waived their rights to notice, balloting and providing other comment to the City, so no additional noticing is required. I. Final Review and Revision Consistent with the requirements of the Act, the City Council may make changes to the Engineer's Report, including the assessment amounts set forth therein, at any time prior to its action approving the levy of the assessments for the ensuing year. STAFF RECOMMENDATIONS Subsequent to opening the public hearing, receiving testimony and closing the public hearing, staff recommends that the City Council take the following action: 1. Approve the Engineer's Report for AD04 -01 for FY 2004/05, with no changes from the report approved by City Council Resolution No. 2004 -2188. 2. Adopt Resolution No. 2004- confirming the assessments for AD04 -01 for FY 2004/05. Attachments: Exhibit 1: Map of Tentative Tract 5307 Exhibit 2: Resolution Confirming Assessments Ad04_01_apr 000093 H H W H x 0 z o w c� r� w � o0 >4 q a a H c0 u al � GO b G cr.0 ca A N �a e 0 IA of O I 46.00 " - - - -i8.3 o I 3433 o 1500' t256 -j4-d3 0 .0 3 3B. I 4 "' I b o I I- 4 0 . 14E57ERL Y h I o P � �r S S� v v ! �a e 0 IA of O I 46.00 " - - - -i8.3 o I 3433 o 4& 0 00' - -j4-d3 0 .0 3 3B. I 4 "' I I 3 o I I- 4 0 . 14E57ERL Y h I o P � �r S S� v v ! !j v v ! LINE OF WALNUT ACRES v� IN o ■ 10' WIOE SEWER EASEMENT SUBDIVISION - v TO MOORPARK MUNICIPAL • NOR THERL Y LINE OF LOT m Q m SCHOOL DISTRICT SEE SHEET 3 LINE AD✓U57MENT NO. 2000 -18, I 2001 - 156744 O.R. SEE SHEET 2 It == a Z Z O FOR EASEMENT DETAIL A' / SEE SHT. 3 \ FOR EASEMENT QETA /L D'- = L6 - - OL, _ `' c ar' 4.0' \ I FOR lYP LOT � m l N 89 ;55 00" E EASEMENTS 490 03' - 1 59.33 - - 37 00 - 49.33 - 37.00 - 49.33 - -37.00 - - - 99.33 - -37.00 - - 49.33 - -37.00 - 48.38 Q) �Z W Lu 5.00' I —5.001 " 4" I `" I o W I I I a 1, N ^ 23� 1 2/ 20 ° l9 lB l�� I �°, �--�� 4i Q h - - - - UJ :- 25 Ls L5 �7 o ^ c�+ qg L5 o L5 p L19 I I ro_o ~ � ? Q r 24 O I ,N 2 2 i$ f .�°i I� O R IV O N Ib O 29 /5 III ° � = o l� _ N o I o I -48 00' - 8.33' 9t=3z� 18 °o I o I `� o° 38 33' 8.0 38 �L21 �? I I I I ° = N 89'55'00 ° E R2 f ct _ �- N 89:55'00" E o 130.52 N B9 3720" W 149 38' ° I I - - " N 895500" E 17551' 5' WIDE N 893720_' W 254.41' or - - o - —(P CIp - 00' R2 11994;fi' 3594 ti �OONSOIVG� COURT 895500' E c� 130.53' _ U.E. PUBLIC 5' WIDE (P. U. E.) PUBL /C a Q. UTILITY CASEAf'/ „ �+ N 89 1720 W UIIL /TY EASEMENT 25429'c" - - -© �1 L3B �a C6 N 8759 $1" L26 = ( L33 - I3B.3 f I I �a e 0 IA of /L2 ° I� NO° O la' Nom+ \� Z L3 2 0^ 3 Z LSI 4 0�° 5:;t 115 00 L59 Li I L14 I I 2 � C1? L 37 00' 49.33' 31.95" 49.33' 37.00' 49 33' 37.00' 49.33' I 37. 54.60' W 1 I - - - -- - - _ L27 LQ I1B 12 �L36 Q) ° In OCR � Q - 00' l0 °oo = N 89 55 00 E 609.91' I , 1 SEE SHT 3 -� 0 0 -- SEE SHEET 3 SEE SHEET 3 !' I I N B93DOOQ FOR lYP LOT% A V5NUF FOR EASEMENT I I I FOR EASEMENT L 05 �4N6ELF5 EASEMENTS -' I' OETAIL 9" & C" DETAIL _ _ 514.91' M 514.95'R8 _ _ _ _ _ I I _ 145_0_0 _CFR3 '?ASS WA SHER �� 1 N 8955'00" E R2 659.90' M / 659.6B' R6 — - - - -- CALIrORNIA , SEARCHED FOR, 659.78' CFR5 BASIS OF BEARINGS NOTHING FD, NOTHING SET, - FL 010413 THIS POINT ESTABLISHED i -` S, BY PRORA TION D TRACT NO. 5307 O I 46.00 " - - - -i8.3 o I 3433 o 4& 0 00' - -j4-d3 0 .0 3 3B. I 4 "' I I 3 o I I- 4 0 . to h h I P � �r S S� v v ! !j v v ! !j r I^ t IN 54.60' W 1 I - - - -- - - _ L27 LQ I1B 12 �L36 Q) ° In OCR � Q - 00' l0 °oo = N 89 55 00 E 609.91' I , 1 SEE SHT 3 -� 0 0 -- SEE SHEET 3 SEE SHEET 3 !' I I N B93DOOQ FOR lYP LOT% A V5NUF FOR EASEMENT I I I FOR EASEMENT L 05 �4N6ELF5 EASEMENTS -' I' OETAIL 9" & C" DETAIL _ _ 514.91' M 514.95'R8 _ _ _ _ _ I I _ 145_0_0 _CFR3 '?ASS WA SHER �� 1 N 8955'00" E R2 659.90' M / 659.6B' R6 — - - - -- CALIrORNIA , SEARCHED FOR, 659.78' CFR5 BASIS OF BEARINGS NOTHING FD, NOTHING SET, - FL 010413 THIS POINT ESTABLISHED i -` S, BY PRORA TION D TRACT NO. 5307 = N 89 55 00 E 609.91' I , 1 SEE SHT 3 -� 0 0 -- SEE SHEET 3 SEE SHEET 3 !' I I N B93DOOQ FOR lYP LOT% A V5NUF FOR EASEMENT I I I FOR EASEMENT L 05 �4N6ELF5 EASEMENTS -' I' OETAIL 9" & C" DETAIL _ _ 514.91' M 514.95'R8 _ _ _ _ _ I I _ 145_0_0 _CFR3 '?ASS WA SHER �� 1 N 8955'00" E R2 659.90' M / 659.6B' R6 — - - - -- CALIrORNIA , SEARCHED FOR, 659.78' CFR5 BASIS OF BEARINGS NOTHING FD, NOTHING SET, - FL 010413 THIS POINT ESTABLISHED i -` S, BY PRORA TION D TRACT NO. 5307 Exhibit 2 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENT FOR FISCAL YEAR 04/05 FOR THE CITY OF MOORPARK LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT AD04 -01 WHEREAS, this Council designated Shilts Consultants, Inc. as Engineer of Work and ordered said Engineer to make and file an Engineer's Report for a proposed Landscaping and Lighting Maintenance Assessment District; and WHEREAS, the report was duly made and filed with the Council and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that the report should stand as the Engineer's Report for all subsequent proceedings; and WHEREAS, in order to expedite the proceedings, the property owner has submitted a Petition and Waiver, wherein the property owner (1) has requested that the new assessment district be formed; and (2) has waived all rights conferred by Proposition 218 with respect to the approval of the new assessment by mailed ballot /notice and the 45 -day time period for balloting; and WHEREAS, on June 2, 2004, at the hour of 7:00 PM at the City of Moorpark City Council Chambers, 799 Moorpark Avenue, Moorpark, California 93021, the public hearing was duly and regularly held, and all persons interested and desiring to be heard were given an opportunity to speak and be heard, and all matters and things pertaining to the levy were fully heard and considered by this Council, and all oral statements and all written protests or communications were duly considered; and 000095 Resolution No. 2004- Page 2 WHEREAS, at the public hearing the Council thereby acquired jurisdiction to order the levy and the confirmation of the diagram and assessment prepared by and made a part of the Engineer's Report to pay the costs and expenses thereof. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The public interest, convenience and necessity require that the levy be made. SECTION 2. The City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD04 -01 benefited by the improvements and assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as shown by a map thereof filed in the office of the City Clerk, which map is made a part hereof by reference thereto. SECTION 3. The Engineer's Report as a whole and each part thereof, to wit: (a) the Engineer's estimate of the itemized and total costs and expenses of maintaining the improvements and of the incidental expenses in connection therewith; (b) the diagram showing the assessment district, plans and specifications for the improvements to be maintained and the boundaries and dimensions of the respective lots and parcels of land within the City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD04 -01; and (c) the assessment of the total amount of the cost and expenses of the proposed maintenance of the improvements upon the several lots and parcels of land in the City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD04 -01 in proportion to the estimated special benefits to be received by such lots and parcels, respectively, from the maintenance, and of the expenses incidental thereto; are finally approved and confirmed. 000096 Resolution No. 2004 - Page 3 SECTION 4. Final adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, estimate of the costs and expenses, the diagram and the assessment, as contained in the report as hereinabove determined and ordered, is intended to and shall refer and apply to the report, or any portion thereof as amended, modified, or revised or corrected by, or pursuant to and in accordance with, any resolution or order, if any, heretofore duly adopted or made by this Council. SECTION 5. The assessment to pay the costs and expenses of the maintenance of the improvements for fiscal year 2004/05 is hereby levied. SECTION 6. Based on the oral and documentary evidence, including the Engineer's Report, offered and received at the hearing, this Council expressly finds and determines (a) that each of the several lots and parcels of land will be specially benefited by the maintenance of the improvements at least in the amount, if not more than the amount, of the assessment apportioned against the lots and parcels of land, respectively, and (b) that there is substantial evidence to support, and the weight of the evidence preponderates in favor of, the aforesaid finding and determination as to special benefits. SECTION 7. Immediately upon the adoption of this resolution, but in no event later than the second Monday in August following such adoption, the Council shall file a certified copy of the diagram and assessment and a certified copy of this resolution with the Auditor of the County of Ventura. Upon such filing, the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount of assessment thereupon as shown in the assessment. The assessments shall be collected at the same time and in the same manner as County taxes are collected and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. After collection by the County, the net amount of the assessments, after deduction of any compensation due the County for collection, shall be paid to the City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD04 -01. 000097 Resolution No. 2004 - Page 4 SECTION 8. The moneys representing assessments collected by the County, shall be deposited in the City Treasury to the credit of the improvement fund previously established under the distinctive designation of the City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD04 -01. Moneys in the improvement fund shall be expended only for the maintenance, servicing, construction or installation of the improvements. SECTION 9. 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 2nd day of June, 2004. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 1111'