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HomeMy WebLinkAboutAGENDA REPORT 2005 0119 CC REG ITEM 10CITEM-- 10-Ce CITY OF MOORPARK, CALIFORNIA City Council Meeting of /— M-.1100,- ACTION: l ew aT MOORPARK C I TY COUNC AGENDA REPORT TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public Works DATE: January 10, 2005 (CC Meeting 1- 19 -05) SUBJECT: Consider Request for the Formation of Assessment District AD05 -01 [M&M Development - Tentative Parcel Map No. 52641 and Adoption of a Resolution Initiating the Proceedings for Same OVERVIEW This presents documents related to the formation of an Assessment District [herein "District "] to fund City costs related to the maintenance of certain parkway and median hardscape and landscaping within and adjacent to the commercial center to be constructed at the southwest corner of Campus Park Drive and Collins Drive (see the map included with the Petition attached as Exhibit 1). DISCUSSION A. Landscape / Hardscape Improvements The developer of the subject commercial center is required to construct certain parkway, median and traffic island improvements (landscaping and stamped concrete) along the Campus Park Drive and Collins Drive frontages of the property. B. Assessment District Required Condition Nos. 67, 68 & 69 of Resolution No. 2003 -2071 requires the developer to provide for the establishment of an assessment district to fund certain City maintenance costs for these improvements, as defined herein. AD05 01 MM petition AD05 -01 [PM 52641 Petition and Waiver January 19, 2005 Page 2 C. Proposition 218 The provisions of Proposition 218 require that any new assessment, or any increase to an existing assessment, must first be approved by a Mail Ballot provided to the owner(s) of the affected properties. An alternative procedure for forming assessment districts for new developments, is to have the developer(s) / property owner(s) sign a Petition and Waiver 1) requesting the formation of the assessment district, and 2) waiving all rights conferred by Proposition 218 with regard to Mail Ballots. D. Petition and Waiver Attached as Exhibit 1, is a Petition and Waiver, signed by the property owner, requesting formation of the District. The Petition is also signed by the buyer of a portion of the subject property. Attached as Exhibit `A' to the Petition & Waiver, is a District Boundary Map. The boundary of the proposed District is the boundary of Tentative Parcel Map No. 5264, M &M Development. Attached as Exhibit `B', is a Summary Description of the proposed District. It should be noted that the Developer has paid the required Assessment Engineering fee required by Conditions of Approval. E. Resolution Initiating Proceedings Attached as Exhibit 2 is a Resolution initiating the proceedings for the formation of the District. Should the City Council approve and accept the Petition /Waiver and adopt the attached Resolution, it would be the intent of staff to have the City's Assessment Engineer proceed with the preparation of the Engineer's Report. It would be the intent of staff to be prepared to have the subject District formed and activated for FY 2005/06. F. Active District & Back -Up District As described and defined in Exhibit `B' of the attached Petition /Waiver, the District will have an active and a back -up component, generally described as follows: 1. Active District: The proposed District will fund City costs related to the maintenance of the following improvements: • the Collins Drive median; • the stamped concrete in the traffic island at the Collins Drive entrance to the center; ADOS 01 MM petition 0.4r_ AD05 -01 [PM 5264] Petition and Waiver January 19, 2005 Page 3 • the stamped concrete in the traffic island at the freeway on -ramp; and • the Campus Park Drive median along the frontage of the property. 2. Back -Up District: The District will also be structured to allow the City to recover costs for City maintenance of the Campus Park Drive and Collins Drive parkways, should it ever become necessary for the City to assume the maintenance of those improvements. The Conditions of Approval for the project specifically provide that this District be formed to provide such contingency funding. The intent is that the property owner retain the responsibility for the maintenance of the parkway landscaping, but in the event it is ever determined that said maintenance is inadequate, the City could take over the maintenance of the parkways and use the District to fund those additional City costs. 3. Assessment vs. Levy: The Engineer's Report for the District will state that the total Assessment amount will be an amount sufficient to fund the cost of maintaining all of the improvements (medians, traffic islands and parkways). However, the Engineer's Report will also state that the City would only levy that portion of the total assessment related to the cost of maintaining the medians and traffic islands, unless and until the City assumed the maintenance of the parkways. G. Assessment Amount The proposed assessment and levy amounts are discussed and defined in detail in Exhibit `B' of the Petition /Waiver. That analysis is summarized as follows: Medians & Description Islands ($) Parkways ($) Total ($) Total Annual Assessment 12,250 34,022 46,272 Total Annual Per Acre Assessment 1,954 5,426 7,380 As discussed above, initially the City would only levy that portion of the total assessment related to the maintenance of the medians and traffic islands [$1,954 per acre per year]. The levy of the total assessment would only occur if and when the City assumed the maintenance of the parkways. H. C.0.L.A. As set forth in the Summary Description for the proposed District (Exhibit B of the attached Petition /Waiver) the District will include an annual Cost of Living Adjustment. AD05 01 MM petition 10099S AD05 -01 [PM 52641 Petition and Waiver January 19, 2005 Page 4 I. Right -of -Way 1. Parkways: The parkway landscaping is proposed to be located both within and outside of the street right -of -way. Any parkway landscaping located outside of the street right -of- way and subject to the District, will be within a landscape easement offered to the City but not accepted. It would be the intent of the City to only accept those easements only if it became necessary for the City to take over the maintenance of the parkways. 2. Collins Drive Median and Traffic Islands: The median and traffic islands to be constructed (and /or modified) on Collins Drive, will be located within City street right -of- way and within Caltrans right -of -way. [Note: Most of Collins Drive south of Campus Park Drive is within Caltrans right - of -way]. A Three -Way Agreement [Caltrans /City /Property Owner] will be executed to facilitate maintenance of landscape and hardscape improvements within the Caltrans right -of -way. STAFF RECONZMNDAT IONS 1. Accept and approve the Petition and Waiver from M &M Development (Exhibit 1) requesting the formation of Assessment District AD05 -01. 2. Adopt Resolution No. 2005- initiating the proceedings required for the formation of said District. Attachments: Ex. 1:Petition and Waiver Ex. 2:Resolution Initiating District formation proceedings AD05 01 MM petition fi t- 4) IJ9 9� PETITION AND WAIVER RE: FORMATION OF AN ASSESSMENT DISTRICT FOR TENTATIVE PARCEL MAP 5264 (M &M DEVELOPMENT) TO: The Honorable City Council City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 RE: Establishment of a Landscape Maintenance Assessment District for Tentative Parcel Map No. 5264, located at the Southwest Corner of Campus Park Drive and Collins Drive The undersigned is the record owner (herein "Owner ") in fee simple of the real property identified below (herein "Property "). The Property is located within the City of Moorpark (herein "City ") and is the subject of an approved tentative map for Parcel Map 5264 (herein "Tentative Map "), prepared and submitted by the Owner. Pursuant to Condition Numbers 67, 68 and 69 of City Council Resolution No. 2003 -2071, pertaining to the approval of the Tentative Map, certain designated landscape improvements (herein "Improvements "), to be constructed by the Owner, could, at the City's sole discretion, be maintained by the City. Said Conditions state that the Owner shall provide for the establishment of a new Landscape Maintenance Assessment District (herein "District "), to fund City costs related to the maintenance of the Improvements and /or the administration of the District (herein "City Costs "). Therefore, the undersigned Owner hereby petitions the City Council of the City (herein "City Council ") to form said District for the purpose of funding said City Costs at the expense of the undersigned and its successors -in- interest, including the future owners of any and all parcels of land into which the Property is to be subdivided upon the recordation of the final map for Parcel Map 5264. The undersigned Owner hereby waives, for itself and its successors -in- interest, all of the rights conferred upon the owners of real property under Article XI I D of the California Constitution and the implementing statute at Article 4.6 of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code (commencing with Section 53750) (collectively "the Article "). The undersigned also waives, for itself and its successors -in- interest, all of the rights conferred upon the owners of real property under Chapter 2 of the Landscaping and Lighting Act of 1972 (commencing with Section 22500 of the Streets and Highways Code) (herein "the Act "). In executing this Petition and Waiver, the undersigned understand(s), agree(s) and acknowledge(s) that: 1. The area to be included in the District is that area identified on the District Boundary Map attached hereto and made a part hereof as Exhibit "A ". 2. The amount of the assessment chargeable to the entire District, the per lot or per acre assessment amount, the duration of the payments, the reason for the assessment, the basis upon which the amount of the assessment was calculated and a general description of the AD MM Petition final 0409 Petition and Waiver for Tentative Parcel Map 5264 September 2004 Page 2 Improvements are set forth in the Assessment District Summary Description attached hereto and made a part hereof as Exhibit "B ". 3. The amount chargeable to the District, as set forth in Exhibit "B ", does not exceed the reasonable cost of the special benefit conferred on the entire Property. 4. The amount chargeable to each parcel, as set forth in Exhibit "B ", does not exceed the reasonable cost of the proportional special benefit conferred upon each of those parcels. In executing this Petition and Waiver, the undersigned warrant and represent that: They have read the Article and have had an opportunity to have the Article, including the rights conferred by the Article that are being waived pursuant to this Petition and Waiver, explained to them by legal counsel of their choice; 2. They have read the Act and have had an opportunity to have the Act, including the rights conferred by the Act that are being waived pursuant to this Petition and Waiver, explained to them by legal counsel of their choice; 3. They have read this Petition and Waiver, have had the opportunity to have the Petition and Waiver explained to them by legal counsel of their choice, knows and understands the rights that they are waiving by this Petition and Waiver, knows and understands the legal effects of the Petition and Waiver, and are not relying upon any representations by the City Council or any of the officers, employees, servants or agents of the City. 4. They consent to the imposition of the assessments defined and described in Exhibit "B ". The undersigned, or its agent, has submitted a check payable to the City in the amount of $5,000.00 ( "the Deposit ") to be used to pay the costs incurred by the City in 1) the development, processing and approval of this Petition and Waiver, 2) the development and approval of the Engineer's Report for the District; and 3) other costs associated with the establishment of the District. The undersigned further agrees to pay, upon demand, any costs incurred by the City in excess of the Deposit. THIS PETITION AND,6WAIVER IS KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY EXECUTED this A- day of %--'t /,! , 2004 at iev- 'N , California. By: (, -�, By: ty The property that is subject to this Petition and Waiver and owned (not leased or optioned) by the above named owner(s) is that property subject of Tentative Parcel Map 5264 [AP No. 514 -0- 160 -040) AD MM Petition—final-0409 a.).101. JAt l OT 2005 14:2? FR BANE': OF AMERICA S I f1 I 805 520 8913 TO 318188 7 44049 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of ss. �� �'� On t r before me, personally appear d NELLY GOTTLIEB Commission 8-15-124-62- Notary PublIc - California Ventura County My Comm Expires Sep 11, 2008 Pq -% 4v C 0 7 7Z1 E VI NAMD D r18e of 0fI @er (e,0. 'Jh+e Dee. ND(cry Puo6 P. 01/01 NDmh(e) DI Sipr -r(3) ( t C personally known to me 0 proved to me on the basis of satisfactory evidence to be the person( whose name(sf islor- subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his/her /their authorized capacity(ies), and that by his /her /their signatures on the instrument the person(sr); or the entity upon behalf of which the person,(s-) acted, a ecuted the i trument. WIT SS r y d af official seal. r, h S(An4Wi0 Of ND,AY PuollD OPTIONAL Though the 1010fm2b'on below is not required by 18w, It may prove valuable to persons ro)yng on tho document and could prevent fraudulent removal and restrachMiD111 of MIS form t0 another document Description of Attached Document Title or Type of Document: PEI t 1 Ti O ti A-K,'[) Document Date /t/0 1) tiJ A 20 O Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: C Individual Tap of It9111 here )� Corporate Officer —' itle(s):�lQ!iGt�e- Partner — .J Limited C General .! Attorney- in-Fact Trustee C Guardian or Conservator i(7 Other: i Signer Is Representing:_, C 16e8 NdIiOnal Nmeq A 1411Dr - Q= Ib SO,0 ADD., 00. 9Dr 2-W • GNaIOwoM, CA 91313:407 • +rwr.nellenalneterv.DrB PmD. Ne, 5887 RDDmDr. Cal; R1u -Free 1.800.878.882r ** TOTAL PAGE . 01 ** CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of CalW:�L County of ss. On v"�'�� before me, Dale __ /'� Name a personally ap S Q S Y A R C BERTS COMM. #1386941 Q 0. t N4TpRVM RACOU`i11TYR I A9 My Comm• 9. Dec. 21, 2006 Place Notary Seal Above (e.g., 'Jane _ personally known to me proved to me on the basis of satisfactory evidence to be the person4 whose names s k10 d ubscribed to the wit instr pment an acknowledged tom ha he/ executed the same in his/ /thhfr' authorized capaicity(i and that by is h9efi signature( on the instrument the person(e, or the entity upon behalf of which the persop{t) acted, executed the instrument. WITNES my hand and o ' 'a e Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: : 1 Document Date: �4"tl'•emht.- � ,�"� [ / Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual _ Corporate Officer — Title(s): artner — _ Limited eneral Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: © 1997 National Notary Association - 9350 De Soto Ave., PO, Box 2402 • Chatsworth, CA 91313 -2402 RIGHT THUMBPRINT OF SIGNER .. of Prod. No. 5907 Reorder Call Toll -Free 1- 800 - 876 -6827 rLa Exhibit `B' [Page 1] Tentative Parcel Map 5264 Assessment District AD05 -01 Summary Description A. Introduction General: Pursuant to certain Conditions of Approval for the Tentative Map, in the event the Owner fails to maintain certain landscape and related improvements, as defined herein, in a manner satisfactory to the City, the City may, at its sole discretion, take over the maintenance of the Landscaping. Said Conditions further state that an assessment district shall be established in order to fund City Costs related to such maintenance. This Exhibit "B" is a summary description of that proposed District. 2. Maintenance of Medians and Islands: It is the intent of the City to provide for the maintenance of the medians and islands defined and described herein, and to levy that portion of the total assessment required to fund City Costs for said maintenance. 3. Maintenance of Parkways: It is the intent of the City to allow the Owner to provide for the maintenance of the parkway landscaping defined and described herein. That portion of the assessment related to the maintenance of the parkways will not be levied unless and until the City takes over the maintenance of said parkway landscaping. B. Definitions Certain terms in this Exhibit which begin with a capital letter, are defined in the Petition and Waiver. C. District Boundary The location and boundary of the District is generally shown on Exhibit "A ". The boundary of the District is the same as the boundary for the Tentative Map. D. Description of Improvements to be Maintained The Improvements to be maintained by the District, which are located within and adjacent to the District, are generally described as follows: Medians & Islands: a. Area A — Collins Drive Median: That portion of the Collins Drive median between Campus Park Drive and a point approximately four hundred feet (400') south of Campus Park Drive; b. Area B — Islands: 1) The stamped concrete island within Caltrans' right -of -way at the westbound on- ramp to the freeway; and 2) The stamped concrete island at the Collins Drive entrance to the Property; c. Area C — Campus Park Drive Median: That portion of the Campus Park Drive medians along the frontage of the Property. 010104 AD MM Petition final 0409 Exhibit `B' [Page 2] Tentative Parcel Map 5264 Assessment District AD05 -01 Summary Description 2. Parkways: a. Area D — Collins Drive Frontage [On- Sitel: That portion of the parkway landscaping on Collins Drive situated on the Property; b. Area E — Collins Drive Frontage [Caltransl: That portion of the parkway landscaping on Collins Drive situated within Caltrans' right -of -way; c. Area F — Corner Parkway: The parkway landscaping at the corner of Campus Park Drive and Collins Drive located within the City street right -of -way; and d. Area G — Campus Park Drive: That parkway along the Campus Park Drive frontage of the Property, located both within the street right -of -way and south of the street right -of -way. 3. Map: A general description of the location and limits of the Improvements is shown on Page 7 of this Exhibit. The full scope of the Improvements to be maintained shall be set forth on plans and specifications to be on file with the City. Said plans and specifications will generally describe the Improvements which include but are not limited to the installation, maintenance and servicing of turf, ground cover, shrubs and trees, irrigation systems, stamped concrete surfaces, drainage systems, lighting, fencing, and all necessary appurtenances, and labor, material, supplies, utilities and equipment, as applicable, for the property owned or maintained by the City located in or adjacent to the properties contained with the Tentative Map. As applied herein, "maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the Improvements, including repair, removal or replacement of all or any part of any improvements; providing for the life, growth, health, and beauty of landscaping, and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. "Servicing" means the furnishing of electric current, or energy, gas or other illuminating agent for the lighting or operation of any improvements; maintaining, operating and service street and traffic safety lighting, and water for irrigation of any landscaping or the maintenance of any other improvements. E. Estimated Annual Cost and Budget A general description of the annual cost for the maintenance and servicing of the Improvements for FY 2005/06 is as follows: Element Maintenance and Replacement Cost Contingency (20 %) Administration Total Total Estimated Annual Cost Median & Islands ($) Parkways ($) 9,375 28,352 1,875 5,670 1,000 0 12,250 34,022 Total ($) 37,727 7,545 1,000 46,272 A more detailed summary of the estimated FY 2005/06 annual costs is set forth in the chart on Page 8 of this Exhibit. AD MM Petition final 0409 — — — — `1V0 i0`3 Exhibit `B' [Page 3] Tentative Parcel Map 5264 Assessment District AD05 -01 Summary Description F. Administrative Costs As noted above, the Annual Budget includes certain administrative costs related to the administration of the annual process required to review and approve a new assessment amount for each successive fiscal year. G. Fiscal Year 2005/06 Total Annual Assessment Amount The Fiscal Year 2005/06 total annual assessment amount shall be equal to the total estimated annual cost and budget as defined herein above as being equal to $46,272.00. H. Amount of Assessment to be Levied As stated above, it is the intent of the City to only levy that portion of the Fiscal Year 2005/06 total assessment related to the maintenance of the medians and islands and for the administration of the District. The amount of the FY 2005/06 assessment to be levied would, therefore, be $12,250.00. Apportionment of Total Assessment Amount General Provisions: The District is to consist of all of the public or privately owned Assessor Parcels proposed to be created by the Tentative Map, and /or any such Assessor Parcels which might be created at any date in the future by further subdivision of the properties within the boundaries of the Tentative Map. 2. Special vs. General Benefits: The method used for apportioning the assessment is based upon the proportional special benefits to be derived by the Assessor Parcels within the District over and above general benefits conferred on real property or to the public at large. The apportionment of special benefit is a two step process: the first step is to identify the types of benefit arising from the improvements, and the second step is to allocate the assessments to property based on the estimated relative special benefit for each type of property. The types of special benefit to be derived by the "benefited" properties, resulting from the installation, maintenance and servicing of the Improvements are generally summarized as follows: a) Protection of views, scenery and other resource values and environmental benefits enjoyed by residents, customers and guests and preservation of public assets maintained by the City. b) Potential for increased economic opportunity. c) Reduced cost of local government in law enforcement, public healthcare, and fire prevention because improved and well- maintained facilities provide a healthier alternative for youth and adult activities. d) Enhanced quality of life and desirability of the area. e) Specific enhancement of property values. AD—MM—Petition—final-0409 O00 06 Exhibit `B' [Page 4] Tentative Parcel Map 5264 Assessment District AD05 -01 Summary Description f) Creation of individual lots for commercial use that, in the absence of the assessments, would not have been created. These benefit factors, when applied to property within the District, specifically increase the values of the land within the District. For example, the assessments will provide funding to improve and maintain the landscaping upon and /or adjoining the properties in the District. Such improved and well- maintained setback and median landscaping will enhance the overall quality and desirability of the properties. In turn, property values are specifically enhanced by the availability of improved and well- maintained landscaping in the area. 3. Special Benefits to Properties Within the District. It has been determined that all of the properties within the District will receive a similar special benefit. The total annual assessment will, therefore, be allocated to all properties in amounts proportionate to the size of each Parcel. The Total Annual Assessment Amount will, therefore, be apportioned to each Assessor Parcel within the District using a "Per Acre" assessment amount. 4. Per Acre Assessment: The assessment amount for each parcel within the District shall be a "per acre" assessment. The Fiscal Year 2005/06 total annual per acre assessment amount is calculated as follows: Medians & Description Islands Total Annual Assessment: Total Net Acres: Fiscal Year 2005/06 Total Annual Per Acre Assessment: $12,250 6.27 Parkways $34,022 6.27 Total $46,272 6.27 $1,954 $5,426 $7,380 5. Change to Number of Net Acres: In the event the total net assessable acres in the District is reduced to less than 6.27 acres, the assessment rates per acre will be increased by a factor equal to the original 6.27 acres divided by the reduced net assessable acres in the District. 6. Delinquent Assessments: In the event the annual levied assessment for a previous fiscal year for a property in the District is delinquent and uncollected, the budget for the new fiscal year may be increased by the amount of the delinquent assessment, and the total budget, including the delinquent assessment, may be allocated to all other non - delinquent properties on a "per acre" basis. Any increase in the assessment on other properties in the District resulting from such delinquent assessments, or the annual CPI adjustment (see below), will be considered authorized increases in the assessment and shall not require additional approval by property owners through a mailed assessment ballot proceeding, pursuant to Article XIIID of the California Constitution. 7. Cost of Living Adjustment: The annual 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 (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 AD MM Petition final 0409 ')Ooio17 Exhibit `B' [Page 5] Tentative Parcel Map 5264 Assessment District AD05 -01 Summary Description 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. In addition, the annual adjustment may be increased due to delinquent assessments on property in the District, as specified above. 8. Appeals and Interpretation: Any property owner who feels that the proposed or approved assessment amount for his /her property is in error as a result of incorrect information being used to apply the forgoing method of assessment, may file a written appeal with the Director of Public Works or his /her designee (herein "Director "). Any such appeal is limited to correction of an assessment during the then current or, if before July 1, the upcoming fiscal year. Upon the filing of such an appeal, the Director will promptly review the appeal and any information provided by the property owner. If the Director finds that the assessment amount should be modified, the appropriate changes shall be made to the assessment roll. If any such changes are approved after the assessment roll has been filed with the County for collection, the Director shall cause any refund amount due to the property owner to be provided to said property owner. Any property owner who disagrees with the decision of the Director may refer their appeal to the City Manager. Any property owner who disagrees with the decision of the City Manager may refer their appeal to the City Council. The decision of the City Council shall be final. Duration of Assessments The assessment is an annual assessment approved, for a given fiscal year, in accordance with the provisions of the Act. It is the intent of the City to undertake the review and approve of a new annual assessment prior to the beginning of each fiscal year, for as long as the assessment is deemed to be necessary and required by the City. K. Capital Improvement Reserve Fund The District will have a Capital Improvement Reserve Fund to provide for unforeseen expenses. The projected year -end balance for the Capital Improvement Reserve Fund shall not exceed three (3) years of estimated program costs for the District. If and when it is determined that that levying the maximum authorized assessment for the District in any given year, would cause the Capital Improvement Reserve Fund for the District to exceed said limit, then the amount of the approved assessment which shall be levied upon the properties within the District, shall be reduced to an amount which is estimated to not cause the Capital Improvement Reserve Fund year -end balance to exceed said limit, provided the amount levied upon the properties in the District is not less than ten percent (10 %) of the annual assessment amount. In such event, the amount of the assessment shall remain unchanged. Any reduction to the amount actually levied upon the properties in the District shall not affect the maximum authorized assessment amount for that or any future year. AD—MM—Petition—final-0409 Exhibit `B' [Page 6] Tentative Parcel Map 5264 Assessment District AD05 -01 Summary Description Upon formation of the District, it is the intent of the City to limit the amount of the Capital Reserve Fund to three hundred percent (300 %) of the estimated annual cost of maintaining and servicing the medians and islands. Should it never become necessary for the City to undertake and provide for the maintenance and servicing of the parkways, the upper limit for the Capital Improvement Reserve Fund shall be equal to three hundred percent (300 %) of the total estimated annual cost for the maintenance and servicing of all of the Improvements. Any fluctuations in the amount of the assessment actually levied upon the parcels within the District in any given year, shall not affect the maximum authorized assessment amount for that or any future year. L. Reason for Assessment The reason for the assessment is to fund City Cost for providing for the maintenance of the Improvements. M. Assessment Amount vs. Amount to be Levied As stated above, that portion of the total assessment related to the maintenance and servicing of the medians and islands shall be levied upon the Property, and that portion of the total assessment related to the maintenance and servicing of the parkways shall not be levied upon the Property unless and until the City determines, in its sole discretion, that the proper maintenance and servicing of the parkways requires the City to undertake and provide for same. In the event it becomes necessary for the City to take over the maintenance and servicing of the parkways, the entire assessment shall be levied upon the Property. Prior to the beginning of each future fiscal year the City will undertake the efforts necessary to approve the annual assessments as defined and described herein, including the annual CPI increase. Such efforts will also include a determination with regard to the amount of the assessment to be levied upon the Property. AD—MM—Petition final 0409 Exhibit '13' [Page 7] Tentative Parcel Map 5264 Assessment District Summary Description 0o z O KI-9(T -Alf V-d —SIT-cfffV / -- 3/Uaa )IEIVd sndWVO U :S4 0 0 a i in i in i i i utl r) t I I U 11 U IFFUTFff Lj Ii it I I I I U-1 L Do na no KC M �01 W li /" 'A LU < < LLJ < V v < Z < Z LLI < < LLI IL In Q • t N U1 75 N TM < z 0o z O KI-9(T -Alf V-d —SIT-cfffV / -- 3/Uaa )IEIVd sndWVO U :S4 0 0 a i in i in i i i utl r) t I I U 11 U IFFUTFff Lj Ii it I I I I U-1 L Do na no KC M �01 W li /" 'A City of Moorpark List of Improvements Exhibit B Assessment District AD05 -1 Annual Maintenance Calculation Page 8 of 8 M &M Development: Tentative Tract 5264 [File # AD05 -1 ] Estimated Annual Maint. / Replacement Cost Cost Per Total Annual Times Total Total Cost Area Description SF SF ($) Cost ($) Per Year Cost ($) By Area ($) Medians & Islands A Collins Drive Median Maintenance Stamped Concrete 987 x 0.05 49 1.00 49 Landscaping 500 x 1.25 625 1.00 625 Replacement Stamped Concrete 987 x 8.00 7,896 0.05 395 Landscaping 500 x 0.20 100 1.00 100 1,169.15 B Caltrans Island Stamped Concrete & Entry Island Stamped Concrete Maintenance 7,763 0.05 388 1.00 388 Replacement 7,763 8.00 62,104 0.05 3,105 3,493.35 C Campus Park Drive Medians Maintenance Stamped Concrete 935 x 0.05 47 1.00 47 Landscaping 2,960 x 1.25 3,700 1.00 3,700 Replacement Stamped Concrete 935 x 8.00 7,480 0.05 374 Landscaping 2,960 x 0.20 592 1.00 592 4,712.75 9,375.25 Parkways Total Medians & Islands D On -Site Landscaping Maintenance 2,928 1.25 3,660 1.00 3,660 Replacement 2,928 0.20 586 1.00 586 4,245.60 E Caltrans Landscaping Maintenance 11,734 1.25 14,668 1.00 14,668 Replacement 11,734 0.20 2,347 1.00 2,347 17,014.30 F Comer Parkway Landscaping Maintenance 3,268 1.25 4,085 1.00 4,085 Replacement 3,268 0.20 654 1.00 654 4,738.60 G Campus Park Drive Landscaping Maintenance 1,623 x 1.25 2,029 1.00 2,029 Replacement 1,623 x 0.20 325 1.00 325 2,353.35 28,351.85 Total Parkways L tal 37,727.10 11 409 1���_ 0 r I I 1 CAMPUS I I PARK NII2!'1!•r' I �1 I +I N34.3D']I�E 1 "�!' ; I 41 ~23go'[ eto' AI I :I I �I I I —� I I I I I ! I I / 1 I LOT 2 ' S. 1 ' ���, •� '+�' w In rt N RANCHO SI MI ,-30RTION TRACT " J " PORTION SECTION 35, %3N.,,�. 19W. rRAcr( 13 2851 (E. FENMORE STREET) TR. `171 3583 -2 TRACT ! lQ 2726-2 i I \ -'j Condo. Plan a/ i I 1/ V a / � I I � E 1 ._ NlO.y f4 1 HIGHWAY 1 ' SIMI (STATE 1 1 Tract 3583 -I, M.R.8k.93,Pg.77 i -- -� , , 118) H tD rt w rt r• c m I'd w n t7 m N w b LJT N ON ID 627Ac. 11 1103+ . VALLEY Bk. 500/ Tax Rate Area 514 -M 67OR5- 10012 DRIVE 43r. u' N N•2r t •a2 3r 1..:1 NA0 -3A'N L 23.00' N34.3D']I�E 1 "�!' ; Q� bd 9 FA b Cri Mae r33t ♦ti 13.24 O w m m M :3 rt / .� m rt H. H. ' r6 Efl ID Q' ���, •� '+�' w In rt N • TRACT " rt w �> bryw� ►-1• n w d rt( c ��m En w n rt Wrt w 10 0 GG r* Ln l7i N ON O � G .'y C6 w n NOTE. ASSE3E0l ftN"l$ L40m aN TN3In0E 0014[ NECESSERtr CON3Tnu12lEG•u LOTS „TN owrtI 3u'mi'", 3'*'Kx on FREEWAY KANN R ANN1N0 00031011 10 Yfl1iT Cl T Y OF MOORPARK C 11`( *nturo County Assessor's Mc AAUalorll BboE M.weE+E Shaw w EIYpaEa ALL. PAZLELS) AAianwti w.WW Man" �1 a Si ORAWN FL ORES CHECXEO .FORAM GATE ,wo '-ORES EFFELTNE&Lz PREVIOUS elr :GO FOR PG 42 CanNrAa, 4 Ern11NO Ca ' A—.w 011lra Exhibit 2 RESOLUTION NO. 2005 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF THE CITY OF MOORPARK LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. AD- 05-01 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 Council hereby proposes the formation of a landscaping and lighting district 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 below. SECTION 3. 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. 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 remove or cover graffiti. Servicing means the furnishing of electric current or energy, or other 10 A Resolution No. 2005 - Page 2 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 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 AD- 05 -01." SECTION 5. Shilts Consultants, Inc. is hereby designated as Engineer of Work for purposes 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 Clerk of the City Council for submission to the 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 19th day of January, 2005. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk