HomeMy WebLinkAboutAGENDA REPORT 2005 0601 CC REG ITEM 08FITEM $ • �•
CITY OF MOORPARK, CALIFORNIA
City Ceuncll Meeting
of 4 - aDOS
ACTION.
MOORPARK CITY COUNC I BY:
AGENDA REPORT
TO: The Honorable City Council
FROM: Kenneth C. Gilbert, Director of Public Works
DATE: May 19, 2005 (CC Meeting 6 -1 -05)
SUBJECT: Consider Final Review and Changes to the Engineer's
Report for Assessment District 05 -01 [M&M Development -
PM 5264] and the Adoption of a Resolution Confirming
the Assessment Amounts for Fiscal Year 2005/06
DISCUSSION
A. Background
On January 19, 2005, the City Council adopted Resolution No.
2005 -2283, 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 2005/06.
On May 4, 2005, the City Council adopted Resolution No. 2005-
2323, approving the Engineer's Report for AD05 -01 for FY
2005/06 and setting June 1, 2005, as the date of a public
hearing to consider the levy of the assessments provided for in
the Engineer's Report.
B. Parcel Map 5264 [M &M Development]
The property in question is located at the southwest corner of
Collins Drive and Campus Park Drive. A map showing the
boundaries of PM 5264 is attached as Exhibit 1. These
boundaries are also the boundaries of the subject new
assessment district.
C. Petition & Waiver
The subject new assessment district is being formed in response
to a Petition / Waiver submitted to the City by the developer.
That Petition / Waiver was accepted and approved by the City
Council last January when the resolution initiating these
formation proceedings was adopted.
Ad05 01 apr
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AD 05 -01 [PM 5264] Approve Assessments
June 1, 2005
Page 2
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 4. 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 AD05 -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
The improvements to be maintained by the District are briefly
described as follows:
1. Medians & Islands: The median and island landscape and
hardscape improvements illustrated on Exhibit 2 and
generally described as follows:
• the Collins Drive median;
• the stamped concrete in the traffic island at the
Collins Drive entrance to the center;
• the stamped concrete in the traffic island at the
freeway on -ramp; and
• the Campus Park Drive median along the frontage of the
property and west to Marquette Street.
2. Parkways: The parkway improvements along the Campus Park
Drive and Collins Drive frontages of the property, as also
generally described on the diagram attached as Exhibit 2.
F. Active District & Back -Up District
As described and defined in the Engineer's Report, 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 above described median and
island landscape and hardscape improvements.
Ad05_01_apr ?� �,�
AD 05 -01 [PM 5264] Approve Assessments
June 1, 2005
Page 3
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 can
take over the maintenance of the parkways and use the
District to fund those additional City costs.
G. Right -of -Way
1. 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.]
2. 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 if it
became necessary for the City to take over the maintenance
of the parkways.
H. Assessment Amount
The Engineer's Report defines and describes the assessment and
levy amounts for FY 05/06. Those amounts are 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.
Ad05 01 apr
O'.r 1 s+s J
AD 05 -01 [PM
June 1, 2005
Page 4
I. C.O.L.A.
52641 Approve Assessments
The Engineer's Report stipulates that, in future years, the
assessment amounts may be adjusted, as necessary to accommodate
any increases to the cost of maintenance, provided said
assessment increases do not exceed the increase to the Consumer
Price Index (CPI). The Engineer's report also states that any
such increase which is deferred, may be added in a subsequent
year.
J. Capital Improvement Reserve Fund
The Engineer's Report discusses and describes a Capital
Improvement Reserve Fund which shall be established for this
District. As stipulated in the Engineer's Report, when and if
the Capital Improvement Reserve Fund exceeds three hundred
percent (300 %) of the estimated annual program costs, the
actual amount of the assessment levied upon the affected
properties shall be reduced.
K. Recommended Levy Amount
The Engineer's Report sets forth the recommended levy amount
for the District. The recommended levy amount is an amount
equal to the full assessment required for the "Active
District ", as defined herein.
L. Public Hearing
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.
M. 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.
M05 01 apr
AD 05 -01 [PM 5264] Approve Assessments
June 1, 2005
Page 5
STAFF RECOMMENDATIONS (Roll Call Vote)
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 AD05 -01 for FY 2005/06, with
no changes from the report approved by City Council Resolution
No. 2005 -2323.
2. Adopt Resolution No. 2005- confirming the assessments for
AD05 -01 for FY 2005/06.
Attachments:
Exhibit 1: Parcel Map 5264
Exhibit 2: Improvements to be Maintained
Exhibit 3: Resolution Confirming Assessments
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Exhibit 3
RESOLUTION NO. 2005-
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
05/06 FOR THE CITY OF MOORPARK LANDSCAPING
AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT
AD05 -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 1, 2005, 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
Resolution No. 2005 -
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. AD05 -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. AD05 -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. AD05 -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.
Resolution No. 2005 -
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
of the maintenance of the
2005/06 is hereby levied.
to pay the costs and expenses
improvements for fiscal year
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. AD05 -01.
Resolution No. 2005 -
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. AD05 -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 lst day of June, 2005.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk