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HomeMy WebLinkAboutAGENDA REPORT 1995 0621 CC REG ITEM 11IME DATE: ITEM � _ •_ AGENDA R :PORT C= T Y O F MC'�ORPARK The Honorable City Council Kenneth C. Gilbert, Director of Public Works June 9, 1995 (Council Meeting 6- 21 -95) .......... . SUBJECT: Consider Report Pertaining to the City Assuming the Responsibility for the Maintenance of Parkway and Median Landscaping on Tierra Rejada Road in the Mountain Meadows Planned Community [PC -31 OVERVIEW This presents a status of efforts being undertaken by the California Community Developers (CCB1 and City staff required to be completed prior to the City assuming the maintenance responsibilities for the parkway and median landscaping on Tierra Rejada Road between the Edison Easement (located west of Peach Hill Road) and the Tierra Rejada Road bridge. IY:N ;• , 1. On September 14, 1994, the City Council considered this matter. At that meeting the City Council stated its intent to ultimately assume the maintenance of both the parkways and the medians on Tierra Rejada Road within PC -3, subsequent to the resolution of certain design and maintenance questions and /or problems. 2. On November 16, 1994, the City Council received and filed a report from the Director of Community Development pertaining to the Director's approval of MINOR 140DIFICATION NO. 2 TO THE PC -3 SPECIFIC PLAN. That Minor Mod r,�Rvised the landscaping design for the parkways and median by replacinq a number of trees with shrubs and replacement trees. 3. On January 4, 1995, the City Council considered and approved a list of issues and matters to bra resolved prior to the City assuming the maintenance responsibilities for this landscaping. tT_ls3 Tierra Rejada Road Landscaping June 21, 1995 Page 2 4. Also on January 4, 1995, the City Council adopted a resolution directing the preparation of an ;engineer's Report relative to the levy of assessments for AD 84 -2 for FY 1995/96. Included in that action was direction to include in said report, provisions for the establishment of one or more Zones of Benefit within PC- 3 to fund the maintenance of the :subject landscaping. 5. On March 1, 1995, the City Council considered a report which discussed the consequences of approving a request for the abolishment of all of the Zones of Benefit within AD 84 -2. As you know, these zones provide the majority of the funding for parkway landscaping within certain Tracts. That report provided background information pertaining to the reasons why Assessment District 84 -2 and said Zones of Benefit were first established. After due consideration, the City Council elected to leave the Zones of Benefit unchanged. 6. On April 5, 1995, the City Council considered and approved the Engineer's Report for AD 84 -2 which included provisions for the establishment of a new Zone of Benefit (Zone 10), consisting of all of PC -3, to fund costs for mai.ritaining the parkways (not the medians) on that portion of Tierra Rejada Road within PC -3, in order to provide the funding for such maintenance in the event maintenance responsibility is transferred to the City. 7. On June 7, 1995, the City Council considered, at a public hearing, the AD 84 -2 assessments for FY 1995/96. The assessments included in the drai,'t Engineer's Report and the Public Hearing Notices include an assessment for the properties within Zone 10.. Nc� action was taken. DISCUSSION A. Tierra Rejada Road Street Improvements. As a separate but related matter, City staff has been working with the developer over the past :several months coordinating a number of efforts to modify, repair and correct certain problems which must be addressed prior to the City accepting the maintenance of the street and sidewalk improvements on Tierra Rejada Road. Those efforts are now completed less the payment of certain in -lieu fees by -:he developer, for certain modifications and corrections (including installation of sub - drains) to be undertaken by the City with the 1995 Asphalt Overlay Project. It is anticipated that the bonds for these street improvements will be presented to the City Council for exonerations as soon as these costs are determined and paid. tr_ls3 Tierra Rejada Road Landscaping June 21, 1995 Page 3 B. Tierra Rejada Road Landscaping 1 provements Staff and the developer have attempted to coordinate the above described efforts with similar efforts relating to the landscape improvements on this street. In the view of staff, the acceptance of the street improvements by the City should also include the acceptance of the ma_ntenance of the at least the median landscaping. Accordingly, the developer sought and received approval of a Minor Modification to the approved landscape plan for PC -3 to allow the construction of certain modifications deemed necessary prior to City acceptance. The developer also removed and replaced a number of trees to resolve certain visibility problems. Those efforts of the developer have been completed. Other tasks, which have been identified as prerequisites to the City assum_ing the maintenance of these landscape improvements, are being pursued by the developer. A summary of those efforts is set forth in Section 'J' of this report. C. City Landscape Maintenance Responsibilities With some exceptions, the City of Moorpark provides for the maintenance of the landscaping located in the parkways and the medians on major arterial streets throughout the City. The cost of this maintenance is funded by the assessments levied by Assessment District 84 -2. All of the City's median maintenance costs are funded by a Citywide assessment. City costs for the maintenance of some parkways are also funded by the Citywide assessment. In addition, the cost of maintaining certain parkways is funded by an assessment on the lots within a number of Zones of Benefit, which are deemed to derive benefit from this parkway landscaping. The parkway landscape maintenance funded by Zone assessments includes a number of parkways on Tierra Rejada Road :including the following: Zone Tract Developer_ _ _ _ _,,, __ "ierra ,Rejada Road _ From To 2 2865 Pacifica East of Sor,nq Rd, 2000 feet east of Peach westerly Hill Road 2865 Pardee 2000 feet e,tst of Peach Hill Road Peach Hil toad, westerl °,. 3019 / Warmington Peach Hii i toad Edison Easement 3525 westerl, tr_ls3 Tierra Rejada Road Landscaping June 21, 1995 Page 4 D. Parkway Landscape Maintenance Responsibilities in PC -3 Parkway landscaped areas on arterial and collector streets within PC -3 are unlike any other parkways in the City. The street cross - sections which thee. County approved for these streets deviate from the County's street standards, in that the parkways are not within the street right -of -way. The tract maps approved for this development created separate parcels between the curb and the private property line. This was apparently done for two reasons: a) to facilitate the establishment of extra wide landscaped parkway and b) to preclude the necessity for the County to establish an assessment district or other public mechanism to fund the maint: ?nance of landscaping situated within the public right -of -way. The maintenance of the all of the HOA -owned parkway parcels on the collector streets (Mountain Meadow Drive, Walnut Creek Drive, etc.) is provided by numerous neighborhood homeowner associations. The maintenance of the parkway parcels on Tierra Rejada Road has been provided by 1:.he developer. The purpose of this report is to consider a request from the developer that this landscape maintenance be assumed by the City. As stated above, on September 14, 1994, the City Council stated its intent to ultimately accept the maintenance responsibility for the parkway and median landscaping on Tierra Rejada Road in PC -3. Under this proposal median maintenance would be funded by the AD 84 -2 citywide landscape maintenance assessment and parkway maintenance would be funded by a new Zone of Benefit (Zone 10) within AD 84 -2. As di ;cussed at that meeting, such action would be consistent with the requirements of the Mountain Meadows Specific Plan (PC -3). Table 5 of that plan (Exhibit 1) lists a number of parks and open space improvements, including roadway landscaping, which were required to be constructed by the developer. The right -hand c.clumn of that table identifies the method for providing for the Long -term maintenance of these improvements. The method cited for the maintenance of roadway landscaping is as follows: "'.,.. HOA or HOA until public mechanism....." With a few exceptions, the parkway parcels on Tierra Rejada Road are owned by the Mountain Meadows Community Association. Staff is advised that at present time the make up of this association consist primarily of only the de, ✓eloper. The developer could have elected to activate this association and turn the subject landscape maintenance responsibi1 - -ties over to said association. However, when this matter was considered, by the City Council tr_ls3 Tierra Rejada Road Landscaping June 21, 1995 Page 5 last fall, it appeared that the only purpose for activating this association would be to provide for the subject landscape maintenance. It was considered at that time that said maintenance responsibility could :)e met in a more effective and efficient way through an exist_Lng public mechanism -- the establishment of a new zone of benefit within the City's Landscaping and Lighting Maintenance Assessment District AD84 -2. E. Maintenance Responsibilities of the Developer It is normally the practice of the City to accept all public improvements constructed by a developer (i. e. streets, sidewalks, landscaping within ri(f-ht -of -way, etc.), as well as the maintenance of same, upon completion of construction and repair of corrections. This event. is normally accompanied by a formal action of the City Counci=l_ to accept the improvements and authorize exonerations of any bonds guaranteeing construction of same. As stated above, it is the intent of staff bring to the City Council in the near future, ci:)nsideration of exoneration of the bonds pertaining to the street and landscape improvements on Tierra Rejada Road. In the view of staff, acceptance of the street improvements should be accompanied by the acceptance of the median landscaping. When these street improvements are ready to be accepted, the City should be prepared to also accept the median landscaping and the maintenance cf same. There has been discussion of a requirement that the developer retain the responsibility for the maintenance of the landscape improvements on Tierra Rejada Road until all of the homes in PC -3 are constructed and sold. An investigation of the Specific Plan for PC -3, and the Conditions of Approval for the Tracts within PC -3, make no mention of the maintenance responsibilities of the developer. This is not uncommon. As stated above, maintenance of public improvements are normally transferred to the City upon completion of construction and acceptance of those improvements by the City. In thi:! case of PC -3, the developer appears to have chosen to retain the responsibility and liability for the maintenance of the landscaping along Tierra Rejada Road as one element of the developer's marketing efforts. The developer has now requested that the subject landscaping be accepted by the City. As states. above, the City Council has approved that request subject to the completion of certain tasks defined below. tr_ls3 Tierra Rejada Road Landscaping June 21, 1995 Page 6 F. Master Association vs. Zone of Benefit As mentioned above, the Specific; Plan for PC -3 states that the subject landscape improvements are., to be maintained by "... HOA or HOA until public mechanism...." The former would require the activation of a Master Association for all of the properties within PC -3. Staff is advised that, although such an entity has been created, it currently comprised of only the developer. There has been no effort to fully .implement and make operational a Master Association for PC -3. As stated above, the developer could proceed with efforts necessary to accomplish this or, with City concurrence, have the City, through its public mechanism, assume these landscape maintenance responsibilities. It is recommended that, when the landscaping improvements are accepted, the City should be prepared to also accept the responsibility for the maintenance of same and that the City Council approve the establishment of Zone 10 within AD 84 -2 to fund the cost of maintenance. It should be noted that, when and if at a later date it is detemed appropriate that such maintenance should be provided by the Master Association, the Zone 10 assessment could be reduced to zero or the Zone of Benefit could be abandoned. G. Landscape Maintenance Level of Service There has also been discussion of the level of service for landscape maintenance which has been provided by the developer in the past, and the level of service for such maintenance proposed to be provided by the:! City in the future. The following analysis is an attempt to define and discuss a number possible levels of service in order to clearly define the service level to be provided by the City. 1. Economical Standard -- At the direction of the City Council, staff has looked at ways in which maintenance costs could be reduced in this area. In part_Lcular staff has looked at the cost /benefit of replacing certain species of high - maintenance, water - thirsty plants with other species of plants which are low maintenance and drought tolerant. A preliminary investigation of Stich a change indicates that the initial capital costs for the removal and replacement of "targeted" landscaping would be approximately $90,000 ($60,000 to remove grass and $30,000 to replace with red apple ground cover). The net effect of such a change would be a reduction in the annual. cost for water and other items of approximately $20,000 if these estimated figures are correct the initial capital investment would be amortized in approximately hour and one --half f4 years. tr_ls3 Tierra Rejada Road Landscaping June 21, 1995 Page 7 2. City Standard a. Cost Estimate -- Preliminary annual maintenance costs for the parkways and medians on Tierra Rejada Road were developed by staff as a part of FY 1995/96 assessment engineering efforts. Those estimated cost figures are as follows: Utilities Contract Total Parkways: 16,900 21,600 38,500 Medians: 9,755 10,800 20,555 Total: $26,655 $32,400 $59,055 b. Assessments -- That portion of the single- family assessments identified in the Public Hearing Notices for AD 84 -2 for FY 1995/96, which are related to the above maintenance costs is summarized as follows: Lots wit-bin All Other Lots PC -3 (Zone 10) Citywide Assessment Parkways: 15,41 0 Medians: ----2.-;8 _ 2.38 Total: $17 - 19 $2.38 c. Cost History -- Staff has met with the developer and his landscape maintenance contractor to determine the level of service, scope of work and annual costs for the landscape maintenance services which have been provided in the past. A summary of those costs are as follows: Utilities Contract Total Parkways: 41, "00 48,300 90,000 Medians: 181AQ 20,700 39,000 Total: $60,000 $69,000 $129,000 d. Revised Annual Cost Projection - Subsequent to receipt and review of certain information from the developer, pertaining to the developer's maintenance program and costs, the City's maintenance contractor and City staff have developed revised estimated annual maintenance costs for the subject landscape maintenance. These revised cost estimates are slightly higher than the initial cost estimate cited above in Section G -2 (a) above, due to a number of factors including the following: • tree trimming ($5,000); • increased water consumption ($12,000); and, • chemical costs ($6,000 t[_ls3 Tierra Rejada Road Landscaping June 21, 1995 Page 8 A summary of the revised annual City costs to maintain these areas in a manner comparable to the level of service which has been provided in the past, is as follows: 32,400 Utilities Contract Total Parkways: 28,840 32,400 61,240 Medians: _9.860 16,200 26,060 Total: $38,700 $48,600 $87,300 e. Extraordinary Costs -- Due to the types and species of trees planted in the parkways and medians on Tierra Rejada Road, it is anticipated that long term landscape maintenance efforts will require the periodic replacement of a significant number- of trees. Such periodic extraordinary costs, which could be as much a $20,000 over a fifteen year period, are not included in the above cost estimates. f. Cost Comparison -- A comparison of the parkway maintenance costs discussed above is as follows: As you can see from this comparison, revised projected City costs are higher than initially estimated, but much less than the costs whirl„ have been incurred by the Developer in the past. The City's contractor has assured staff that his firm will be able to provide a comparable level of maintenance at a cost which is approximately $16,000 per year less than the costs incurred by the developer. City staff and the City's contractor also agree that the amount of water required for proper maintenance is much less than the amount applied in the past. It. should be note, that the Water District's "tiered" rate structure, when applied to the higher consumption rates allowed by the developer, resulted in higher per unit costs. It is believed that a well managed irrigation program wia.1 reduce water costs approximately $13,000 per year. 3. Developer's Standard -- As stated above, the revised cost and scope of work to be provided by the City, as described in Paragraph G -2 (d) above, is comparable to the level of service which has been providec by the Developer in the past. tr_153 Utilities Contract Total Initial City Est.: 16,400 21,600 38,500 Revised City Est.: 28,840 32,400 61,240 Developer Costs: 41, 100 48,300 90,000 As you can see from this comparison, revised projected City costs are higher than initially estimated, but much less than the costs whirl„ have been incurred by the Developer in the past. The City's contractor has assured staff that his firm will be able to provide a comparable level of maintenance at a cost which is approximately $16,000 per year less than the costs incurred by the developer. City staff and the City's contractor also agree that the amount of water required for proper maintenance is much less than the amount applied in the past. It. should be note, that the Water District's "tiered" rate structure, when applied to the higher consumption rates allowed by the developer, resulted in higher per unit costs. It is believed that a well managed irrigation program wia.1 reduce water costs approximately $13,000 per year. 3. Developer's Standard -- As stated above, the revised cost and scope of work to be provided by the City, as described in Paragraph G -2 (d) above, is comparable to the level of service which has been providec by the Developer in the past. tr_153 Tierra Rejada Road Landscaping June 21, 1995 Page 9 H. Zone 10 Assessment As stated above, the Engineer's Report for AD 84 -2 for FY 1995/96 includes provisions for the establishment of a new Zone 10, consisting of all of the properties within PC -3, to fund the maintenance of the parkways along Tierra Rejada Road and the High School frontage. Based on the revised cost figures set forth above, the assessment information for Zone 10 is revised as follows: Item FY 95/96 FY 96/97 Maintenance Period 6 Mos. 12 Mos. Total Cost $38,500 $62,000 Total Assessment $38,000 $62,000 S F Res. Assessment (per year) $15.41 $25.14 Utilizing the City's assessment district to fund these maintenance costs has a number of benefits over the formation of Master Association to accomplish this end. These include the following: 1. All of the privately owned properties within PC -3 will be assessed -- including all of the vacant lots now owned by the developer. This includes the __evy of 270 assessments on the single vacant lot south of the Fire Station. 2. The commercial property at the corner of Tierra rejada Road and Mountain Trail Street will be assessed the equivalent of approximately 100 residential lots. This assessment amount will be levied even if the property is vacant. 3. Residents will be spared costs incurred by the Master Association for retaining a management company to administer the landscape maintenance cont: -act and other matters such as delinquent payments.. 4. Consistent with the other Zones of Benefit, the only costs to be recovered will be contract landscape maintenance and utility costs. All personnel overhead and administrative costs associated with providing these services are funded by the citywide assessment and other sources. I. Other Matters 1. Block Walls -- As mentioned to the City Council in prior reports, in accepting the landscaping improvements along Tierra Rejada Road, the City will also be accepting the block walls and other parkway planter masonry in these areas, as tr_1s3 Tierra Rejada Road Landscaping June 21, 1995 Page 10 well as the future maintenance responsibility for same. In this way the cost of block wall maintenance will be assumed and shared by all of the property owners in PC -3 in a manner similar to the practice followed elsewhere throughout the planned community. 2. Parkways at Moorpark High School -- The parkways on Tierra Rejada Road and Mountain Trail Street along the frontage of Moorpark High School are not located within the street right - of -way. CCB is in the process of obtaining easements from the School District conveying the landscaping and the sidewalks in this area to the City. Said easements will clearly state that City acceptance is conditioned upon the availability of a funding source other than the City's General Fund (i.e. an assessment district). J. Status of Prerequisites to Acceptance of Landscape Improvements The following is a list of the tasks approved by the City Council on January 4, 1995, as prerequisites to the City accepting the maintenance of the subject landscaping. The status of those efforts, as of the date of the preparation of this report., is shown in the right hand column. Task Complete all hardscape repairs (curb & gutters, sidewalks, pavement repairs, slurry seal) and accept the street for maintenance. Complete all modifications to the landscaping required by Minor Mod. #2. Resolve visibility problems caused by trees. tr_ls3 I. tatus Street repairs completed. Repairs to sidewalks, curbs, gutters and other improvements are completed. Application of Type II Slurry Seal has been deferred in favor of an Asphalt Overlay. TASKS REMAINING Payment of a total amount of in -lieu fee equal to the slurry and striping costs. Payment of City cost for the installation of a sub -drain (to be paid when costs are determined) . The changes called for by Minor Mod. #2 have been completed and approved. Said effort included replacement of a number of trees. All "problem' trees have been removed and replaced with a like number planted at other coat OR!. +.. Tierra Rejada Road Landscaping June 21, 1995 Page 11 Task status - - Design and construct any alterations to the irrigation systems, controls, water supplies, etc. required to transfer to the City only those irrigation systems required for the maintenance of Tierra Rejada Road and the High School frontage. Design and construct any other minor alterations to the irrigation systems or landscaping deemed necessary by the City to better facilitate the efficient and cost effective maintenance of the subject landscaping. TASKS REWNING: - Developer may install a new water meter to resolve certain system problems. - Installation of sub - meters may be required if the City accepts the medians only. None required. Transfer all required water and electrical TASKS REMINING: services to the City. - Provide list of water and electrical meter numbers and account numbers. . Provide map of the location of all electrical and water meters. Provide complete system (see above). Prepare any easement deeds required to TASKS REMINING: convey to the City the ownership of any - Provide easement for one water service, or water and /or electrical service laterals relocate water service. which are not located within the street right -of -way. Prepare and execute (by CCB & affected HOAs) deeds conveying to the City the parkway parcels on Tierra Rejada Road, Prepare and have executed by the Moorpark Unified School District, easement deeds conveying to the City the maintenance responsibility for the sidewalks and parkway landscaping on Mountain Trail Street and Tierra Rejada Road along the frontage of Moorpark High School. tr_ls3 TASK REMAINING: Deeds being revised. Lot Book Guarantees being prepared to confirm correct grantor. Require deed from one HOA. Require proof of authority to sign on behalf of Grantor-, TASKS REKAINING: - Deed not received yet. Tierra Rejada Road Landscaping June 21, 1995 Page 12 K. tr_ls3 10 Resolve the question of the present ownership (property owner or Master Association) of the block walls separating the parkways from private property. I tatus Issue resolved. Block walls to be maintained by tte City through the Zone 10 assessment. 11 Present to the City Council for approval, Issue resolved (see above). recommendations pertaining to the future ownership, liability and maintenance responsibility for said block walls. 12 Establish a zone of benefit (Zone 10) for PC -3. 13 Pay all City costs for Assessment Engineering services related to revision to AD 84 -2 for FY 1995/96 which are required to levy assessments (including a zero assessment) for the maintenance of the subject landscaping and related improvements. Conclusions Ircluded in the draft Engineer's Report. TASKS RB} MIDG: - Costs being determined. Invoice to be provided to CCB. 1. The developer has requested that the subject maintenance be assumed by the City. In September of 1994, the City Council concurred with that request subject to the completion of those tasks defined in Sectior.'J' of this report. The City Council may confirm that prior action, or advise the developer to proceed with the activation of a Master Association to assume the responsibility for the subject maintenance. 2. The tasks listed in Section 'J' of this report have not yet been completed. In addition, the total amount of the maximum Zone 10 assessment for FY 1995/96 is only equal to the estimated cost of maintenance for approximately six (6) months. Should the City Council confirm its prior action to accept the subject landscape maintenance, it is recommended that such acceptance be deferred until all of the tasks in Section 'J' of this report are completed. It is further recommended that acceptance of the subject maintenance not occur prior to January 1, 1.996 , without payment from the developer of an amount equal to the difference between the anticipated FY 1995/96 cost and the amount of the FY 1995/96 Zone 10 assessments. Tierra Rejada Road Landscaping June 21, 1995 Page 13 3. Should the City Council elect not to accept the maintenance of the parkways, it is recommended that the City Council direct staff to proceed with steps necessary to accept the maintenance of the median landscaping at the time the street improvements are accepted. - =n that the irrigation system for the parkway and median landscaping is an integrated system, it will be necessary for staff and the developer to determine an appropriate method of accounting for the utility cost for the medians, to enable the City to pay the developer for those system utility costs attributable to the medians. RECOMENDED ACTIONS Staff recommends that the City Counc =_1 take the following actions: 1) Confirm the prior action of the City Council to accept the subject landscape maintenance upon completion of the prerequisite tasks listed in Section '.1' of this report. 2) Direct staff not to schedule the acceptance of said landscape maintenance for City Council consideration unless and until there are sufficient funds from assessments and developer deposits to fully fund said maintenance. 3) Approve the establishment of a new zone of benefit (Zone 10) within AD84 -2, consisting of al :)f the properties within PC -3. 4) Approve the Zone 10 (AD 84 -2) assessment for FY 1995/96 to be $38,500, said amount being equal to the estimated cost for providing maintenance for approximately six (6) months. 5) Direct that any year end surplus >f said assessments be applied to the FY 1996/97 Zone 10 maintenance assessment. tr_ls3 TABLE 5 PROPOSED BASIC PARK, RECREATION AND OPEN SPACE ELEMENT WHO W 11 PROVIDES PROVIDES WHO SUBJECT AREA SIZE LAND IMPROVEMENTS OWNS `,t'HO V;; %INTAINS 1. Improved do Unimproved Open 96 Acres UWC UWC HOA or 1 -1 0 + Spaces 2. Community Park 69 Acres UWC City CITY Cite 3. Village Parks (3) 24 acres UWC UWC HOA until HOA until public public rniechanism e mechanism: N Peach Hill Watercourse ,, :` r �0;`.... -. llanascapea linear park portion) ,;echani_ .. 5. Neighborhood Private varies UWC 0%', Recreation Areas (Single Family & Multi- Family) 6. Miscellaneous Areas, such 'varies UWC I WC 1 10 or }IO;� I` , ^, ,,, 110,1 ur ti as Landscaped Roadways do until public public iuecha11isr7i Transportation Collector nechanisin Points UWC- Urban West Communities HOA- Home Owners Association HO- Home Owner - City- City of Moorpark T