HomeMy WebLinkAboutAGENDA REPORT 2007 0117 CC REG ITEM 08BMOORPARK CITY COUNCIL
AGENDA REPORT
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TO: The Honorable City Council
FROM: Yugal K. Lall, City Engineer /Public Works Director
Prepared by: Ken Gilbert, Public Works Consultant 0
DATE: January 11, 2007 (CC Meeting of 01- 17 -07)
SUBJECT: Consider Final Review and Changes to the Engineer's Report for
Assessment District 07 -02 [Lyon Homes — Tract 5187] and the
Adoption of a Resolution Confirming the Assessment Amounts for
Fiscal Year 2007/08
DISCUSSION
A. Background
On November 1, 2006, the City Council considered a Petition / Waiver from the
owner(s) of the property within Tentative Tract 5187, requesting formation of the
subject assessment district. On that date the City Council approved and accepted
that Petition/Waiver and adopted Resolution No. 2006 -2532, initiating the process
required for the formation of the subject Assessment District.
On December 6, 2006, the City Council adopted Resolution No. 2006 -2546,
approving the Engineer's Report for AD07 -02 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 5187
The property subject to Tract Map 5187, generally described by the maps attached
as Attachment 1, is located on the west side of Walnut Canyon Road, approximately
3,500 feet north of Casey Road.
C. Engineer's Report
The Engineer's Report for the formation of this new Assessment District has been
distributed to the City Council and key staff members by separate memo. Copies of
this report may be obtained from the City Clerk's Department. This report includes
city share /public works /everyone /staff reports/2007 /January/AD07_02_Lyon_apr 000011
Honorable City Council
January 17, 2007
Page 2
certain information required for the formation of a 1972 Act Lighting and Landscaping
Assessment District, including the following:
• a Boundary Map for AD07 -02;
• 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: slopes, parkways & medians;
2. Trails: trail surfaces, fencing, staging area, and parking area; and
3. Drainage: bio- swales, detention basins and storm drains.
The improvements to be maintained are located within and adjacent to the Tract. It
should be noted that some of those improvements are located within and adjacent to
Tract 5405 located to the southeast of the Tract. The properties within Tract 5405
are not within the boundaries of the District and will not be assessed.
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.
F. Assessment Amount
The proposed assessment and levy amounts are summarized as follows:
Assessment ($)
Description Amount ($)
Total Annual Assessment 548,337
Number of Lots 248
Total Annual Per Lot Assessment 2,211.04
G. 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.
city share /public works /everyone /staff reports /2007 /January/AM7_02_Lyon_apr 000012
Honorable City Council
January 17, 2007
Page 3
H. 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.
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.
J. 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.
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 -02 for FY 2007/08, with no changes from
the report approved by City Council Resolution No. 2006 -2546.
2. Adopt Resolution No. 2007- confirming the assessments for AD07 -02 for FY
2007/08.
Attachments:
1 District Location Map and Boundary
2 Resolution
city share /public works/everyone /staff reports /2007 /January/AD07_02_Lyon_apr 000013
VICINITY MAP
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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 -02
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.
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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 -02 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 -02; 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 -02 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 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
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Resolution No. 2007 -
Page 3
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 -02.
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 -02. 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
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