HomeMy WebLinkAboutAGENDA REPORT 2007 0117 CC REG ITEM 08AITEM g • A.
CITY OF b??4"OORPARK, CALIFORNIA
City Council Meeting
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MOORPARK CITY COUNCIL r'Y:
AGENDA REPORT
TO: The Honorable City Council
FROM: Yugal K. Lall, City Engineer /Public Works Director
Prepared by: Ken Gilbert, Public Works Consultant
DATE: January 4, 2007 (CC Meeting of 1- 17 -07)
SUBJECT: Consider Final Review and Changes to the Engineer's Report for
Assessment District 07 -01 [Pardee Homes — Tract 5045] and the
Adoption of a Resolution Confirming the Assessment Amounts for
Fiscal Year 2007/08
DISCUSSION
A. Background
On June 21, 2006, the City Council considered a Petition / Waiver from the owner(s)
of the property within Tentative Tract 5045, requesting formation of the subject
assessment district. On that date the City Council approved and accepted that
Petition/Waiver and adopted Resolution No. 2006 -2448, initiating the process
required for the formation of the subject Assessment District.
On December 6, 2006, the City Council adopted Resolution No. 2006 -2545,
approving the Engineer's Report for AD07 -01 for FY 2007/08 and setting January 17,
2007, as the date of a public hearing to consider the levy of the assessments
provided for in the Engineer's Report.
B. Tract Map 5045
The property subject to Tract Map 5045 (Attachment 1), generally described by the
maps attached as Attachment 1, is located northeast of the intersection of Spring
road and Charles Street.
C. Engineer's Report
The Engineer's Report for the formation of this new Assessment District was
previously distributed to the City Council and key staff members by separate memo.
city share /public works/everyone /staff reports/2007 /January/AD07_01_Pardee _ apr 000001
Honorable City Council
January 17, 2007
Page 2
Copies of this report may be obtained from the City Clerk's Division. This report
includes certain information required for the formation of a 1972 Act Lighting and
Landscaping Assessment District, including the following:
• a Boundary Map for AD07 -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.
D. Description of Improvements to be Maintained
A description of the improvements to be maintained by the District is as follows:
1. Landscaping:
a. Slopes:
• Spring Road;
• Ridgecrest Avenue; and
• High Top Street.
b. Parkways:
• Spring Road; and
• Ridgecrest Avenue.
c. Medians:
• Spring Road;
• Ridgecrest Avenue; and
• Elk Run Way.
2. Trails: All
3. Drainage:
a. Detention basins: three
b. Debris basins: four
c. Basin access roads: all
d. Storm drains and catch basins.
Note: A more specific description of the improvements to be maintained is
set forth in the Engineer's Report.
E. Right -of -Way
All landscape and /or drainage improvements to be maintained by the City which are
located outside of the street right -of -way, will be situated within an easement to be
granted to and accepted by the City. This includes the HOA improvements subject to
the "back -up" assessment.
F. Primary Assessment & Back -Up Assessment
1. Primary Assessment. The Primary Assessment to be levied by the District will
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Honorable City Council
January 17, 2007
Page 3
fund City costs related to the maintenance of certain improvements to be initially
assumed by the City, generally described as follows:
a. Landscaping:
• Slopes: Spring Road and Ridgecrest Avenue;
• Parkways: Spring Road and Ridgecrest Avenue; and
• Medians: Spring Road and Elk Run Way.
b. Trails: all
c. Drainage Improvements: all drainage facilities noted above.
2. Back -Up Assessment There are also landscape improvements to be
maintained by the Home Owners' Association (HOA) for Tract 5045. Certain of
those improvements are highly visible to the general public. In the event it is ever
determined by the City that the HOA's maintenance of those facilities is
inadequate, the City may take over the maintenance of those facilities and levy
an additional "back -up" assessment amount. A summary of the landscape
improvements subject to the "back -up assessment ", is as follows:
• Parkways: Elk Run Way.
3. Assessment vs. Levy. The Engineer's Report for the District sets forth both 1) a
total authorized assessment amount (equal to sum of the primary and back -up
assessment) and 2) a proposed assessment levy amount for FY2007/08 (equal
to the primary assessment amount).
G. Assessment Amount
The proposed assessment and levy amounts are summarized as follows:
Primary Back -up
Description Assessment ($) Assessment ($) Total ($)
Total Annual Assessment 1,615,145 155,513 1,770,658
Number of EDUs ** 585.5 585.5
Total Annual Per Lot Assessment 2,758.57 265.61 3,024.18
** EDU = Equivalent Dwelling Unit
As discussed above, initially the City would only levy an amount equal to the Primary
Assessment. The levy of the total assessment would only occur if and when the City
assumed the maintenance of certain additional HOA maintained improvements
identified in the Engineer's Report.
H. Equivalent Dwelling Unit
The total number of EDUs for all of the assessable lots within the District is calculated
as follows:
city share /public works/everyone /staff reports/2007 /January/AD07_01_Pardee _ apr 0100003
Honorable City Council
January 17, 2007
Page 4
Land Use
Rate
Number
Units
Total Number
of EDUs
Single Family Residential
1
451
Lots
451
Multi - Family Residential
0.75
102
Res. Units
76.5
City Park
2
7
Acres
14
School
2
22
Acres
44
Habitat Area
0
57.5
Acres
0
Open Space
0
108
Acres
0
Total
585.5
C.O.L.A.
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 Lew Amount
The Engineer's Report sets forth the recommended levy amount for the District for FY
07/08. That levy amount is equal to the "Primary Assessment', as described above.
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.
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Honorable City Council
January 17, 2007
Page 5
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 AD07 -01 for FY 2007/08, with no changes from
the report approved by City Council Resolution No. 2006 -2545.
2. Adopt Resolution No. 2007- confirming the assessments for AD07 -01 for FY
2007/08.
Attachments:
1 District Location Map and Boundary
2 Resolution
city share /public works / everyone /staff reports /2007 /January/AD07_01_Pardee _ apr 000005
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TR. 5045
SHEET I
Of 25 SHEETS
Attachment 2
RESOLUTION NO. 2007-
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 07/08 FOR THE CITY OF MOORPARK
LANDSCAPING AND LIGHTING MAINTENANCE
ASSESSMENT DISTRICT AD07 -01
WHEREAS, this Council designated SCI Consulting Group, formerly know
as 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 January 17, 2007, 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
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.
0000cs
Resolution No. 2007 -
Page 2
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. AD07 -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. AD07 -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. AD07 -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.
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 2007/08 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
- ®000('9
Resolution No. 2007 -
Page 3
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. AD07 -01.
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.
AD07 -01. Moneys in the improvement fund shall be expended only for the
maintenance, servicing, construction or installation of the improvements.
SECTION 9. The assessments levied are in conformance with Proposition
218.
SECTION 10. 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 17th day of January, 2007.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
000010