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.
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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.
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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,
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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
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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.
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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.
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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
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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.
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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.
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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
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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.
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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!. +..
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June 21, 1995
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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.
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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.
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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.
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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.
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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