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AGENDA REPORT
BY:
TO: The Honorable City Council
FROM: Kenneth C. Gilbert, Director of Public Works
DATE: December 21, 2000 (CC Meeting 1 -3 -01)
SUBJECT: Initiate Proceedings Related to the Levy of Assessments
for AD 84 -2 for Fiscal Year 2001/2002
EXECUTIVE SUMMARY
This report requests consideration of the selection of the
consultant to provide certain Assessment Engineering services
required to consider extension of Assessment District 84 -2 (street
lighting and parkway /median landscaping) for Fiscal Year 2001/2002,
and the adoption of a Resolution initiating the proceedings
required to consider the levy of said assessments.
DISCUSSION
A. Background
In 1984, a Landscaping & Lighting Maintenance Assessment
District (AD 84 -2) was created to fund costs associated with
street lighting and the maintenance of various landscaped areas
in the City. This was a successor to the District enacted by
the County of Ventura prior to the incorporation of the City.
B. Engineer's Report
As part of the annual budget process, the City Council considers
whether or not to renew the subject Assessment District and levy
assessments for street lighting and landscaping maintenance for
the upcoming fiscal year. According to state law, before
assessments may be levied, an Engineer's Report must be prepared
for each assessment district. It is necessary to retain the
services of an assessment engineer to prepare that report.
Ad84_01- 02- intent L .. V 0 4 3
Initiate Proceedings for Annual Assessments [AD 84 -21
December 21, 2000
Page 2
The preparation of an Engineer's Report does not require the
City to approve the Engineer's Report and levy assessments. The
purpose of the Engineer's Report is merely to develop the
information necessary to make that decision. The report sets
forth the items proposed to be funded by the district and the
methods used to distribute the cost for those items to all of
the properties within the District. In the case of Assessment
District 84 -2, the entire City is included within the Assessment
District.
When completed, the Engineer's Report is submitted to the City
Council for approval. Approval of that report by the City
Council does not require the City to levy the assessments. Such
approval merely allows the assessments set forth in the report
to be considered at a subsequent public hearing.
C. Assessment Engineering Services
Charles Abbott & Associates has provided assessment engineering
services to the City for AD84 -2 over the past several years.
Shilts Consultants, Inc. has provided assessment engineering
services to the City in recent years for the Parks Maintenance
Assessment District. Both firms were asked to provide proposals
to the City for the assessment engineering services required for
AD84 -2 for FY 2001/02. A summary comparison of the services and
fees quoted by each firm is attached as Exhibit 1.
Based on the scope of services and fees quoted by each firm as
summarized in Exhibit 1, staff recommends the selection of
Shilts Consultants, Inc. to provide the required assessment
engineering services for AD84 -2 for FY2001 /02.
D. Improvements Funded by Assessments
The improvements and maintenance funded by the AD84 -2 assessment
in past years are generally described as follows:
1. Street Lighting: Street lighting energy and maintenance
costs are funded by the street lighting component of the
assessment.
2. Citywide Landscape Maintenance: The maintenance of certain
designated parkways and medians is funded by the Citywide
landscaping component of the assessment.
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Initiate Proceedings for Annual Assessments [AD 84 -2]
December 21, 2000
Page 3
3. Zones of Benefit:. The maintenance of certain designated
landscaped areas is funded by assessments levied upon lots
within certain Zones of Benefit. A list of all of the Zones
of Benefit is as follows:
Zone Description
1 Pecan Avenue [T -2851]
2 Steeple Hill Area [T -2865]
3 Buttercreek /Peppermill [T -3032]
4 Williams Ranch Rd [T -3274]
5 Pheasant Run Area (T -3019 & T -3525]
6 Inglewood St. [T -3306]
7 Moorpark Business Park (L. A. Ave & Gabbert)
8 Home Acres Buffer
9 Moorpark Industrial Park (Condor Drive)
10 Mountain Meadows (PC -3)
11 Alyssas Ct. [T -4174]
12 Carlsberg Specific Plan Area
4. Zone 2 Improvements:. In addition to the zone maintenance
assessments, the lots within Zone 2 have, in past years, $10
of the assessment per lot set aside for a project to
construct parkway landscaping on the north side of Tierra
Rejada Road, east and west of Southhampton Road. That project
is scheduled to be constructed this year.
E. Assessment Ceiling
The assessment amounts for zones 1 - 10 and citywide areas of
AD84 -2, may not be increased. Such an action could not occur
without first seeking approval of a mail ballot pursuant to the
requirements of Proposition 218. In the event that the draft
budget for FY 2001/2002 indicates that street lighting and
parkway /median landscape maintenance costs will exceed
assessment revenues, it would be necessary for the City Council
to fund the incremental cost exceeding assessment revenues, from
other sources (i. e. Gas Tax Fund and /or General Fund) or direct
staff to reduce costs by reducing the service level.
F. New Assessments
The Conditions of Approval for new developments usually require
the developer to request that the maintenance of certain new
landscaped areas be taken over by the City and that the area
encompassed by the new development be added to an Assessment
District. The purpose of such an action is to enable the City to
levy a separate assessment upon the properties within the new
development, to fund the annual maintenance cost for the new
landscaping benefiting that new development. In the past such
new developments were added to AD84 -2 as new Zones of Benefit.
In the future any such new area will become a separate
Assessment District. This new approach is being taken so that
Ad84 -01 -2— intent C CO M-15
Initiate Proceedings for Annual Assessments [AD 84 -2]
December 21, 2000
Page 4
any possible challenge to the new assessment would not adversely
affect the assessments historically levied by Assessment
District AD84 -2.
The City has received a request from Wilshire Builders [Tract
5201] for the formation of a new Assessment District for FY
2001/02 to fund the parkway landscaping to be installed on Peach
Hill Road and on Rolling Knoll Road. It is anticipated that the
Resolution initiating the formation process for that new
Assessment District will be presented to the City Council within
the next two months.
G. Mail Ballot vs. Petition /Waiver
Normally, any new assessment resulting from the formation of a
new Assessment District would first have to be approved via a
Mail Ballot sent to the owners of all of the affected properties
as required by Proposition 218. One option to this rather
costly process is the use of a Petition and Waiver. Under this
approach the developer /property owner submits a signed Petition
and Waiver to the City, requesting that the new Assessment
District be formed and waiving all rights conferred by
Proposition 218 with respect to the requirement for a Mail
Ballots. Staff anticipates that a Petition and Waiver will be
used for the formation of the new Assessment District for Tract
5201.
H. Public Hearing
On May 2, 2001, the City Council will consider the approval of
the Engineer's Report. If that report is approved, the City
Council will set the first meeting in June as the date of a
public hearing to consider the levy of the assessments for FY
2001/02. Notice of that public hearing will be posted and
published as required by law. Public Hearing notices will not be
mailed to the owner of each affected property.
I. Summary of Assessment Proceedings
The assessment proceedings are generally summarized as follows:
January: Adopt Resolution initiating the proceedings
May: Adopt Resolution approving the Engineer's Report and
setting the date of a public hearing to consider the
levy of assessments
June: Adopt Resolution approving the levy of assessments
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Initiate Proceedings for Annual Assessments [AD 84 -2)
December 21, 2000
Page 5
J. Resolution
In accordance with the requirements of applicable sections of
the Streets and Highways Code of the State of California, the
Resolution attached as Exhibit 2 initiates the process required
for the City Council to consider continuation of the subject
Assessment District. Upon adoption of that Resolution, the
Assessment Engineer will prepare an Engineer's Report for
Assessment District AD 84 -2. The draft Engineer's Report will
be considered by the City Council for approval in May. If
approved, a public hearing will be scheduled for the first
meeting in June to consider the levy of the assessments.
K. Administrative Actions
If the recommended selection of Shilts Consultants is approved,
a contract Agreement will be prepare and provided to that firm.
Upon receipt of a signed agreement the City Manager will execute
the Agreement on behalf of the City.
STAFF RECOMMENDATION
Approve the selection of Shilts Consultants, Inc. to provide the
assessment engineering services for AD84 -2 for FY 2001/02 and adopt
Resolution No. 2001- (Exhibit 2) authorizing preparation of an
Engineer's Report for the Moorpark Lighting and Landscaping
Maintenance Assessment District (AD 84 -2) for FY 2000/01.
Attachments:
Exhibit 1: Comparison of Proposals for Assessment Engineering
Services
Exhibit 2: Resolution
Ad84 -01 -2— intent 0 0 ��`
Exhibit 2
RESOLUTION NO. 2001 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, INITIATING PROCEEDINGS FOR THE
LEVYING OF ANNUAL ASSESSMENTS FOR " MOORPARK LIGHTING
MAINTENANCE ASSESSMENT DISTRICT NO. AD -84 -2" FOR THE
FISCAL YEAR COMMENCING JULY 1, 2001, AND ENDING JUNE 30,
2002, AND ORDERING THE PREPARATION AND FILING OF A
REPORT RELATING THERETO
WHEREAS, pursuant to the provisions of the "Landscaping and
Lighting Act of 1972 ", being Division 15, Part 2 of the Streets and
Highways Code of the State of California, the City Council of the
City of Moorpark, by its Resolution No. 84 -88, adopted May 16,
1984, ordered the formation of the "Moorpark Lighting Maintenance
Assessment District No. AD- 84 -2 "; confirmed and levied the
assessments approved thereunder for the fiscal year commencing July
1, 1984, and ending June 30, 1985; and has confirmed and levied
assessments approved thereunder for each subsequent fiscal year;
and,
WHEREAS, the City Council of the City of Moorpark proposes to
extend the improvements specified in said district for the fiscal
year commencing July 1, 2001, and ending June 30, 2002, pursuant to
the "Landscaping and Lighting Act of 1972 ", being Division 15, Part
2 of the Streets and Highways Code of the State of California.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1: Pursuant to Section 22585, et seq., of the Streets
and Highways Code (the "Landscaping and Lighting Act of 1972 "), it
is hereby proposed to extend the annual assessments levied under
"Moorpark Lighting and Landscaping Maintenance Assessment District
No. AD -84 -2" of the City of Moorpark so as to continue for the
fiscal year commencing with July 1, 2001, and ending June 30, 2002,
to install, construct or maintain any authorized improvements under
the Act, including but not limited to one or more of street lights,
public lighting facilities, landscaping, statuary, fountains, and
other ornamental structures and facilities, and any facilities
which are appurtenant to any of the aforementioned or which are
necessary or convenient for the maintenance or servicing thereof,
including irrigation, electric current and energy; and to provide
incidental expenses in connection therewith.
C/\;0048
RESOLUTION NO. 2001 - Exhibit. 2
Page 2 of 2
SECTION 2: The assessments proposed to be levied and collected
shall be used for furnishing electric current or energy, or other
illuminating agent for street lights, for the usual maintenance and
operation of said street lights, for the maintenance of parkway and
median landscaping and for other improvements as specified in
Section 1 hereinabove.
SECTION 3: To ensure that the costs and expenses of
maintaining, operating and servicing the street and traffic safety
lighting, and the improvements as specified hereinabove, are borne
by the owners of the property to be benefited thereby, this Council
resolves that the proposed landscape maintenance assessment
district consist of all property within the City.
SECTION 4: The distinctive designation for the assessment
district to be continued pursuant to this resolution shall be
"Moorpark Lighting and Landscaping Maintenance Assessment District
No. AD- 84 -2."
SECTION 5: The City Manager is directed to cause to be prepared
an Engineer's Report, in accordance with Article 4, Chapter 1, Part
2, Division 15 of said Streets and Highways Code; and that upon
completion, the report shall be filed with the City Clerk, who
shall then submit the same to the City Council for its
consideration, pursuant to Section 22586 of said Streets and
Highways Code.
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 3rd day of January, 2001.
ATTEST: Patrick Hunter, Mayor
Deborah S. Traffenstedt, City Clerk
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