HomeMy WebLinkAboutAGENDA REPORT 2007 1205 CC REG ITEM 10J City Councit Meetvr.,,;
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MOORPARK CITY COUNCIL ACTION-
AGENDA 6a �2oo7-a
REPORT
TO: The Honorable City Council -
FROM: Mary Lindley, Parks, Recreation, and Community Sery ices Directo ;tG�
DATE: November 19, 2007 (CC Meeting of December 5, 2007)
SUBJECT: Consider Resolutions to Initiate Proceedings Related to the Citywide
Landscaping and Lighting Assessment District and the Parks and
Recreation Maintenance Improvement District for Fiscal Year
2008/2009
EXECUTIVE SUMMARY
This presents the resolutions for initiating the proceedings necessary to consider
extension of the Citywide Landscaping and Lighting Assessment Districts and the Parks
and Recreation Maintenance Improvement District for Fiscal Year 2008/2009.
BACKGROUND
Landscaping and Lighting Assessment Districts:
In 1984, a Landscaping and Lighting Maintenance Assessment District (AD 84-2),
encompassing the entire City, 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. In
subsequent years, Zones of Benefit were added to fund the maintenance of certain
specific areas. Later, these Zones were changed to District 1 through District 12 (Districts
13 and 17 are not assigned).
Since 1984, the City has formed additional assessment districts to fund the maintenance
of certain landscape improvements in and adjacent to:
2001
• Tract 5201, Wilshire Builders (AD01-1, District 14)
• Tract 4928, Toll Brothers (AD01-2, District 15)
Tract 5166, Cabrillo (AD01-3, District 16)
&\Community Services\ADMINISTRATIVE\CC Reports\2007\12-5-2007 (AD Intent ccagda).doc
Honorable City Council
December 5, 2007
Page 2
2004
• Tract 5307, Colmer Development (AD04-01, District 18)
2005
• PM 5264, M&M Development (AD05-01, District 19)
2006
• Tract 5133, Shea Homes (AD06-01, District 21)
2007
Tract 5045, Pardee Homes (AD07-01, District 22)
• Tract 5187, Lyon Homes (AD07-02, District 20)
• Tract 5130, SuncalNistas (AD07-03, District 23)
• 1 P 2000-10, Casino Storage (AD07-04, District 24)
Parks and Recreation Maintenance Improvement District
In July 1999, the City successfully established a Parks and Recreation Maintenance and
Improvement District. The current Maintenance District is based on a "special"
assessment. This means that the City assesses property owners for that portion of park
and recreation maintenance and improvement activities that generate a "special" benefit.
The City is responsible for funding activities that generate a "general" benefit.
The Park and Recreation Maintenance and Improvement District includes all existing 16
City parks. The amount of the assessment levied may be adjusted annually by a Cost of
Living factor, not to exceed 3 percent.
DISCUSSION
As part of the annual budget process, the City Council considers whether or not to renew
the subject Assessment Districts and levy amounts 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 setting forth the amount of the assessments and
the basis for establishing said amount.
The preparation of an Engineer's Report does not obligate the City to approve the
Engineer's Report nor to proceed with levying assessments. The purpose of the
Engineer's Report is to merely develop the information necessary for the City Council to
make those decisions. The report sets forth the items proposed to be funded by the
districts and the methodology used to distribute maintenance and improvement costs to
all of the properties within each district.
Honorable City Council
December 5, 2007
Page 3
When completed, each Engineer's Report is submitted to the City Council for approval.
Approval of an Engineer's Report by the City Council does not require the City to levy the
assessments. Such approval merely allows the Engineer's Reports, and the assessments
set forth therein, to be considered at subsequent public hearings.
In accordance with the requirements of applicable State law, the Resolutions attached as
Attachments A and B initiate the process required for the City Council to consider
continuation of the subject Assessment Districts. Upon adoption of these Resolutions, the
Assessment Engineer will prepare an Engineer's Report for the Citywide Lighting and
Landscaping Assessment Districts and a separate Engineer's Report for the Parks and
Recreation Maintenance Improvement District.
Engineer Contract
Staff proposes that the City secure a professional services agreement with SCI
Consulting Group to provide assessment district engineering services. SCI has served in
this capacity for the last eight years. SCI's cost proposal for 2008/09 is $20,100
(Attachment C) to administer both the Parks Maintenance and the Lighting and
Landscape assessment districts for FY 2008/2009. This is a $700 increase over last year.
STAFF RECOMMENDATION
Adopt Resolution Nos. 2007- and 2007- (Attachments A and B) and authorize
the City Manager to execute an agreement with SCI.
Attachments:
Attachment A: Draft Resolution re: Initiating Proceeding for the Citywide
Landscaping and Lighting Assessment Districts
Attachment B: Draft Resolution re: Initiating Proceedings for the Parks and
Recreation Maintenance Improvement District
Attachment C: SCI Proposal
Attachment A
RESOLUTION NO. 2007 -
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MOORPARK, CALIFORNIA, DIRECTING
PREPARATION OF ANNUAL REPORT FOR FISCAL
YEAR 2008-2009 FOR CITY OF MOORPARK,
LANDSCAPING AND LIGHTING MAINTENANCE
ASSESSMENT DISTRICTS
WHEREAS, the City of Moorpark provides for the maintenance and
improvement of street lighting services through the City's Landscaping and Lighting
Maintenance Assessment Districts; and
WHEREAS, the City Council of the City of Moorpark proposes to continue the
specified districts for the fiscal year commencing July 1, 2008, and ending June 30,
2009.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1 . This Council ordered the formation of and levied the first
assessments within the City of Moorpark Landscaping and Lighting Maintenance
Assessment Districts No. AD84-2, AD01-1 , AD01-2, AD01-3, AD04-1 , AD05-1 , AD06-
1 , AD07-1 , AD07-2, AD07-3 and AD07-4 (the "Landscaping and Lighting Districts")
pursuant to the provisions of the Landscaping and Lighting Act of 1972, commencing
at Section 22500 of the California Streets and Highways Code (hereinafter "the Act").
SECTION 2. Sections 22620 et. seq., of the Act provide for the levy of annual
assessments after formation of the Landscaping and Lighting Districts.
SECTION 3. Within the Landscaping and Lighting Districts, the existing and
proposed improvements and any substantial changes proposed to be made to the
existing improvements are generally described as follows:
Installation, maintenance and servicing of public facilities, including but not
limited to one or more of street lights, public lighting facilities, landscaping,
statuary, fountains, and other ornamental structures and facilities, entry
monuments and all necessary appurtenances, debris basins, turf, ground
cover, shrubs and trees, irrigation systems, drainage systems, lighting, fencing
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. Services provided include all necessary service,
I 0 0 Z
Resolution No. 2008 -
Page 2
operations and maintenance of the above mentioned improvements, as
applicable, for any property owned or maintained by the City of Moorpark.
SECTION 4. SCI Consulting Group is hereby designated as Engineer of Work
for purposes of these proceedings and is hereby ordered to prepare an Engineer's
Report in accordance with Article 4 of Chapter 1 of the Act and Article XIIID of the
California Constitution, for the Districts referred to in Section 1 of this Resolution.
Upon completion, the Engineer shall file the Engineer's Report with the Clerk of the
City Council for submission to the Council.
SECTION 5. 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 5th day of December, 2007.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Attachment B
RESOLUTION NO. 2007 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, DIRECTING PREPARATION OF THE
ENGINEER'S REPORT FOR FISCAL YEAR 2008-2009 FOR THE
PARKS AND RECREATION MAINTENANCE AND
IMPROVEMENT DISTRICT OF THE CITY OF MOORPARK
WHEREAS, the City of Moorpark provides for the maintenance and improvement
of parks and recreation facilities through the City's Parks and Recreation Maintenance
and Improvement District; and
WHEREAS, the City Council of the City of Moorpark proposes to continue the
specified district for the fiscal year commencing July 1 , 2008, and ending June 30,
2009.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1 . On July 15, 1999, by its Resolution No. 99-1625, this Council
ordered the formation of and levied the first assessment within the City of Moorpark
Parks and Recreation Maintenance and Improvement District (the "Assessment
District") pursuant to the provisions of Article XIIID of the California Constitution, and the
Landscaping and Lighting Act of 1972 (the "Act"), Part 2 of Division 15 of the California
Streets and Highways Code (commencing with Section 22500 thereof).
SECTION 2. The purpose of the Assessment District is for the installation,
maintenance and servicing of improvements to the City of Moorpark, as described in
Section 3 below.
SECTION 3. Within the Assessment District, the existing and proposed
improvements to be undertaken by the Assessment District are generally described as
the installation, maintenance and servicing of public facilities, including but not limited
to, landscaping, sprinkler systems, park grounds, park facilities, landscape corridors,
ground cover, shrubs and trees, street frontages, playground equipment and hardcourt
areas, senior and community centers, drainage systems, lighting, fencing, entry
monuments, basketball courts, tennis courts, running tracks, other recreational facilities,
security guards, graffiti removal and repainting, and labor, materials, supplies, utilities
and equipment, as applicable, for property owned and maintained by the City of
Moorpark. Installation means the construction of recreational improvements, including,
but not limited to, land preparation, such as grading, leveling, cutting and filling, sod,
landscaping, irrigation systems, sidewalks and drainage, lights, playground equipment,
play courts, recreational facilities and public restrooms. Maintenance means the
Resolution No. 2007 -
Page 2
furnishing of services and materials for the ordinary and usual maintenance, operation
and servicing of said improvements, including repair, removal, or replacement of all or
part of any improvement; providing for the life, growth, health and beauty of
landscaping; and cleaning, sandblasting and painting of walls and other improvements
to remove or cover graffiti. Servicing means the furnishing of electric current or energy
for the operation or lighting of any improvements, and water for irrigation of any
landscaping or the maintenance of any other improvements.
SECTION 4. SCI Consulting Group is hereby designated as Engineer of Work
for purposes of these proceedings and is hereby ordered to prepare an Engineer's
Report in accordance with Article 4 of Chapter 1 of the Act and Article XIIID of the
California Constitution. Upon completion, the Engineer shall file the Engineer's Report
with the Clerk of the Council for submission to the Council.
SECTION 5. 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 5th day of December, 2007.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
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ATTACHMENT C
SCI Consulting Group
Proposal for
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS
AND
PARKS AND RECREATION MAINTENANCE AND IMPROVEMENT DISTRICT
FISCAL YEAR 2008-09 LEVY ADMINISTRATION
for
CITY OF MOORPARK
Purpose The purpose of this proposal is to outline the responsibilities SCI Consulting Group would
assume throughout fiscal year 2008-09 in serving as Engineer of Work and providing
assessment administration services for the City of Moorpark Parks and Recreation Maintenance
and Improvement District, AD01-1, AD01-2, AD01-3, AD04-1, AD05-1, AD06-1, AD07-1, AD07-2.
AD07-3, AD07-4 and AD84-2 Landscaping and Lighting Assessment Districts for the City of
Moorpark.
Definitions:
A. City: City of Moorpark, its staff and Board.
B. Assessment Districts: The City of Moorpark Parks and Recreation Maintenance and
Improvement District, AD01-1, AD01-2, AD01-3, AD04-1; AD05-1, AD06-1, AD07-1, AD07-
2, AD07-3, AD07-4 and AD84-2 Landscaping and Lighting Assessment Districts described
above.
C. Engineer: SCI Consulting Group, and any and all employees.
Scope of Work:
1. Special Levy Administration Services:
a) Meet with City staff and other individuals as needed to establish the timeline, assist
with development of budgets, review assessment data, and accomplish other tasks
related to administration of the assessments.
b) Obtain current assessor data from the County Assessor and other sources for all
parcels within the Assessment Districts boundaries.
c) From Assessor records, determine the number of parcels in each land use category,
excluding nontaxable parcels.
d) Obtain copies of Assessor Parcel Maps as required.
e) Meet with City staff, property owners, County Assessor staff and other parties as
needed to obtain information or verify assessments.
City of Moorpark,Assessment Districts Administration Proposal 1
SCI Consulting Group
f) Conduct a comprehensive parcel audit to verify that all factors used to determine the
assessment levies are correct. Revise any assessment found to be based on
inaccurate information.
g) Conduct a comprehensive parcel audit of all property within the City's jurisdictional
boundaries to verify the tax base and determine that all property is appropriately
classified as being within the City by the State Board of Equalization and the County
Auditor. If any missing property is found, coordinate the modification of SBE files so
that the tax base for the City is corrected.
h) Develop and maintain a database for each parcel within City boundaries. The data for
each parcel will include the owner name(s), site address, property values, parcel
number, assessment districts, zone of benefit, assessment, mailing address, site
address, parcel type, notes and other useful or relevant data.
i) Develop a custom Microsoft Windows format special levy administration software
program that will allow City staff to quickly locate parcel data by owner name, parcel
number, street address or other requested search criteria. This program will also be
designed to print custom Notice of Assessment forms for all property or parties. The
City can charge a fee for this service. The software program can also include any
other related functions requested by the City, such as printing of address labels,
tracking of notes, phone numbers or other information.
j) Research changes in property data, property usage, property valuations and
assessment changes from the previous year for all parcels within the Assessment
Districts. Flag all parcels that require property research to determine the appropriate
assessment.
k) Field check those properties that are flagged for research as well as those parcels or
areas designated by City staff as requiring further research.
1) Obtain current fiscal year cost information from the City and other parties as necessary
to use as a basis for developing the cost estimate in the Engineer's Reports.
m) Using the established assessment methodology, allocate the estimated cost of
improvements and expenses to all parcels within the boundaries of the Assessment
Districts.
n) Prepare Assessment Rolls listing parcel number, assessment number, owner name,
property address, and assessment amount for each Assessor Parcel within the
Assessment Districts. Print Assessment Rolls sorted by Assessor Parcel Number,
owner's name and land use.
o) Prepare Engineer's Reports for the Assessment Districts. Such Engineer's Reports
will comply with the requirements of Proposition 218, S13919, SB1477 and the
Landscaping and Lighting Act of 1972.
p) File Engineer's Reports with City Clerk.
q) Attend City Council meetings at which the Engineer's Reports are approved, and the
Public Hearing is held.
r) Present the Assessment Rolls to City Council, summarize the assessment
methodology, answer all questions raised and assist in finalizing the project for Council
approval.
s) Include assessment data and levies in the custom administrative software program
described above.
t) Meet Ventura County assessment roll submission requirements and perform tasks
needed to submit the assessment levies.
City of Moorpark,Assessment Districts Administration Proposal 2
SCI Consulting Group
u) File approved assessment levies, Assessment Rolls and Assessment Diagram with
the County Auditor for inclusion of assessments on 2008-09 tax bills.
v) Provide the County Auditor with our toll-free 800 phone lines so property owners can
directly contact SCI Consulting Group throughout the fiscal year regarding specific
assessment levies, procedures and any other issues.
w) Directly and promptly respond to any property owner inquiries on our toll free special
levy assistance phone lines reached by the number: (800) 273-5167.
x) Receive exceptions list, if any, from County Auditor; make appropriate revisions and
resubmit to Auditor's Office. Any parcels that are not submitted to the County for
collection or are not placed on the County tax rolls for any reason will be produced as
handbills by Consultant with payment directed to the City.
y) Verify and validate Auditors' levy data prior to the printing of tax bills.
z) Submit ten copies of final Engineer's Reports and one bound copy including
Assessment Rolls to City.
aa) Throughout the fiscal year, research and, if necessary, revise any assessments which
property owners consider to be based upon incorrect information being used to apply
the method of assessment.
bb) Provide reports throughout the year coinciding with the performance of the annual
administration. These reports will include a detail of the amounts submitted to the levy
or hand billed for collection, details of delinquent assessments, and other relevant
information.
cc) Provide other appropriate administrative services throughout fiscal year 2008-09.
2. Other Responsibilities:
a) Meet periodically with City Staff, Council members, legal counsel, property owners
and/or other parties. For such meetings, we will prepare any needed or required
materials.
b) Coordinate the review and development of administrative procedures with the City.
c) We will respond to inquiries from property owners and other interested parties
throughout the fiscal year regarding specific assessments, procedures and levy
installments on a toll free 800 phone line.
3. Additional Services Included:
a) Computer services to convert and compile Assessor data into database format for
Special Tax Rolls.
b) Duplication of up to 10 copies of the Engineer's Reports.
c) Computer services to convert assessment data into format required by the County
Auditor for inclusion on property tax bills.
4. Assumptions & Exclusions:
a) The Scope of Work does not include printing, postage or mailing of Notice of Hearing
or other public informational documents.
b) Engineer shall perform all services included in this Proposal as an independent
contractor.
City of Moorpark,Assessment Districts Administration Proposal 3
SCI Consulting Group
c) Engineer carries Liability Insurance in the amount of $2,000,000 and Errors and
Omissions Insurance in the amount of$1,000,000. Proof of insurance will be provided
if Engineer is selected for this project.
d) No subconsultants shall be used on this project.
5. Term:
a) The term of the contract shall be from time of execution until June 30, 2009.
b) Either party may terminate the service contract with 30 days written notice. In the
event of such termination, special levy and property data shall be provided to the City
in electronic media format. Any additional data or maps purchased by or reimbursed
by the City shall also be returned.
6. Other Terms and Provisions:
a) SCI Consulting Group does not and shall not discriminate against any employee in the
work or against any applicant for such employment or against any other person
because of race, religion, sex, color, national origin, handicap, or age or any other
arbitrary basis. SCI Consulting Group insures compliance with all civil rights laws and
other related statutes.
b) The Firm complies with all State and Federal regulations concerning employment.
c) SCI Consulting Group will indemnify and save harmless District from and against
claims, actions, or suits, brought for, or on account of, any injuries or damages
sustained by any person or property resulting or arising from any negligent or wrongful
act, error or omission by SCI Consulting Group in the performance of the services
provided pursuant to this proposal and agreement for services.
d) In any action, claim or proceeding involving a dispute between SCI Consulting Group
and the District arising out of this proposal or the performance of work pursuant to this
proposal, whether for tort or for breach of contract, and whether or not brought to trial
of final judgment, the prevailing party will be entitled to receive from the other party a
reasonable attorney fee to be determined by the court or arbitrator(s).
City of Moorpark,Assessment Districts Administration Proposal 4
SCI Consulting Group
oori: �.
Compensation: In consideration for the work accomplished, Engineer shall be compensated as follows:
The total compensation for the Scope of Work shall be as follows:
a) Compensation for assessment administration services as detailed herein for the
Landscaping and Lighting Assessment Districts for fiscal year 2008-09 shall be
$9,450, payable as follows:
i. Upon the filing of the Engineer's Reports for City Council consideration, the
sum of$3,800 shall be due.
ii. Upon confirmation of the assessment levies with the County Auditor, the sum
of$2,900 shall be due.
iii. On January 31, 2008, the sum of$2,750 shall be due.
b) Compensation for assessment administration services as detailed herein for the Parks
and Recreation Maintenance and Improvement District for fiscal year 2008-09 shall be
$9,150, payable as follows
i. Upon the filing of the Engineer's Reports for City Council consideration,
the sum of$3,800 shall be due.
H. Upon confirmation of the assessment levies with the County Auditor, the
sum of$2,900 shall be due.
iii. On January 31, 2008, the sum of$2,450 shall be due.
c) Customary out-of-pocket expenses for travel and meetings shall be billed as incurred.
The total amount for such costs shall not exceed $1,500 without prior authorization
from the City.
Approved by:
SCI Consulting Group City of Moorpark
by: by:
Date: Date:
City of Moorpark,Assessment Districts Administration Proposal 5
SCI Consulting Group
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