HomeMy WebLinkAboutAGENDA REPORT 2021 0421 CCSA REG ITEM 10CCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of April 21, 2021
ACTION Adopted Resolution No. 2021-
4003. (Roll Call Vote: 3-0, Councilmember
Castro Absent, Councilmember Pollock
Abstaining)
BY B.Garza.
C. Consider Authorizing Acceptance of Phase II Landscape Maintenance
Improvements in Landscape Maintenance District 20 (Meridian Hills). Staff
Recommendation: Adopt Resolution No. 2021-4003, accepting Phase II landscape
improvements in Tracts 5187 and Tract 5405 as complete and authorizing City to
assume maintenance responsibilities effective May 1, 2021. (Staff: Jeremy
Laurentowski)
Item: 10.C.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
DATE: 04/21/2021 Regular Meeting
SUBJECT: Consider Authorizing Acceptance of Phase II Landscape Maintenance
Improvements in Landscape Maintenance District 20 (Meridian Hills)
BACKGROUND & DISCUSSION
West Pointe Homes was the original owner and developer of Tract 5187 and Tract 5405
(Meridian Hills). In 2007, West Pointe Homes sold the project to William Lyons Homes
(“WLH”). WLH was required to make certain improvements, which included the
Landscape Maintenance District (LMD) areas that 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, including certain areas within Tracts 5187 and 5405. 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 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. 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 at Meridian
Hills, LLC (K. Hovnanian) and on March 1, 2019, the City accepted the Phase I landscape
improvements completed by ORA Ashford (Resolution No. 2019-3786). K. Hovnanian is
now requesting that the City accept the Phase II Landscape Improvements and take over
the maintenance of these areas.
In February 2019, K. Hovnanian requested turnover of the Phase II LMD areas. City staff
performed a series of inspections and in March 2019, City staff prepared a letter
confirming substantial compliance with the City approved landscape architecture plans
and specifications for the Phase II areas. The City’s Landscape Standards and
Guidelines require that the developer maintain the landscaping for one full year after
notification of substantial compliance. However, during the one-year maintenance period,
K. Hovnanian was required to correct a problem on Meridian Hills Drive that resulted from
an inadequately installed water line, ultimately delaying the turnover of the Phase II LMD.
Item: 10.C.
132
Honorable City Council
04/21/2021 Regular Meeting
Page 2
Due to the delay, and length of time between the original inspection of the Phase II
improvements and turnover, City staff performed a new series of site inspections to
reaffirm that the improvements have been adequately maintained over the maintenance
period. City staff believes that the Phase II improvements are substantially complete and
is recommending that the City assume the maintenance obligation, and that the City
Council accept the improvements as complete.
FISCAL IMPACT
AD 07-02 provides funding for the maintenance of the landscape improvements and
funding for the Phase II improvements have been included in the Fiscal Year 2020/21
Operating Budget. There are sufficient resources to cover the landscape maintenance
expenses.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION
Adopt Resolution No. 2021-____, accepting Phase II landscape improvements in Tracts
5187 and Tract 5405 as complete and authorizing City to assume maintenance
responsibilities effective May 1, 2021.
Attachment 1: Draft Resolution No. 2021-______
133
RESOLUTION NO. 2021-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, ACCEPTING PHASE II
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; and
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 at Meridian Hills, LLC
(K. Hovnanian); 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-07-02, Payment for Certain Landscape Improvements, and
Termination of ORA Ashford's Remaining Obligations under a Development Agreement,"
the City and ORA Ashford reached agreement on the terms and conditions by which the
City would accept the Phase I Landscape Improvements into AD- 07-02; and
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Resolution No. 2021-____
Page 2
WHEREAS, on February 6, 2019, the City Council adopted Resolution 2019-3786
accepting the Phase I Landscape Improvements and assumed the responsibility to
maintain such improvements, effective March 1. 2019; and
WHEREAS, K. Hovnanian has requested that the City take over the maintenance
obligations for the Phase II Landscape Improvements; and
WHEREAS, in order to take over the maintenance obligations of the Phase II
Landscape Improvements, the City Council must accept the improvements in their current
condition into Assessment District No. AD-07-02.
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 II Landscape
Improvements detailed in Attachment 1 in their current condition pursuant to RPD 99-02
and RPD 2003-1 and authorizes the City to assume the responsibility to maintain such
improvements, effective May 1, 2021.
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 21st day of April, 2021.
Janice S. Parvin, Mayor
ATTEST :
Ky Spangler, City Clerk
Attachment 1 - Phase II Landscape Improvements
135
LMD 20 - Meridian Hills
ATTACHMENT
Resolution No. 2021-____
Page 3
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