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HomeMy WebLinkAboutAGENDA REPORT 2006 0621 CC REG ITEM 10OrrEM o. O. CITY OF MOORPARK, CALIFORNIA City Council Meeting of - / --�zoo(� ACTION: Y. MOORPARK CITY COUNCIL _ -__� ,._ _ AGENDA REPORT TO: The Honorable City Council FROM: Yugal K. Lall, City Engineer / Public Works Director ug:�� BY: Ken Gilbert, Public Works Consultant DATE: June 8, 2006 (CC Meeting 6- 21 -06) SUBJECT: Consider Request for the Formation of Assessment District AD07 -01 [Pardee Homes — Tentative Tract Map No. 5045] and Adoption of a Resolution Initiating the Proceedings for Same OVERVIEW This presents documents related to the formation of an Assessment District [herein "District "] to fund City costs related to the maintenance of certain parkway landscape and drainage improvements within and adjacent to the Tentative Tract 5045 (Pardee Homes) [herein "Tract "] generally located northeast of the intersection of Spring Road and Charles Street (see Exhibit 1). DISCUSSION A. Landscape / Drainage Improvements The developer of the Tract is required to construct certain landscaping, trail and storm water quality facilities within and /or adjacent to the Tract. B. Assessment District Formation It has been determined by the City and the developer that it is necessary to establish an assessment district to fund certain City maintenance costs for these improvements, as defined herein. AD07_01 _Pardee_petition AD07 -01 [TT -5045] Petition and Waiver June 21, 2006 Page 2 C. Proposition 218 The provisions of Proposition 218 require that any new assessment, or any increase to an existing assessment, must first be approved by a Mail Ballot provided to the owner(s) of the affected properties. An alternative procedure for forming assessment districts for new developments, is to have the developer(s) / property owner(s) sign a Petition and Waiver 1) requesting the formation of the assessment district, and 2) waiving all rights conferred by Proposition 218 with regard to Mail Ballots. D. Petition and Waiver Attached as Exhibit 1, is a Petition and Waiver, signed by the property owner, requesting formation of the District. [Note: The entire Petition/Waiver (Exhibit 1) was distributed by separate Memo. Only portion of the Petition/Waiver attached hereto is the diagram (Ex. 'A') of the District.] Attached as Exhibit 'A' to the Petition/Waiver, is a District Boundary Map. The boundary of the proposed District is the boundary of Tentative Tract Map No. 5045, Pardee Homes. Attached as Exhibit 'B', is a Summary Description of the proposed District. Exhibit 'C' of the Petition/Waiver defines the Improvements to be maintained by the District. It should be noted that the Developer has paid a fee to cover City costs related to this District formation. E. Resolution Initiating Proceedings Attached as Exhibit 2 to this report is a Resolution initiating the proceedings for the formation of the District. Should the City Council approve and accept the Petition/Waiver and adopt the attached Resolution, it would be the intent of staff to have the City's Assessment Engineer proceed with the preparation of the Engineer's Report. F. Primary Assessment & Back -Up Assessment As described and defined in Exhibit 'B' of the Petition/Waiver, the District will have a primary and back -up assessment, generally described as follows: 1. Primary Assessment. The proposed District will fund City costs related to the maintenance of certain improvements to be initially assumed by the City, generally described as follows: a. Landscaping: Slopes: 1) Spring Road AD07_01 _Pardee_petition 0%Ch,1� ,-- % � it AD07 -01 [TT -5045] Petition and Waiver June 21, 2006 Page 3 2) "B" Street 3) "C" Street Parkways: 1) Spring Road 2) "A" Street Medians: 1) Spring Road 2) "B" Street Fuel Modification Areas: b. Trails: All Trails c. Drainage Improvements: Detention Basins (Three Eachl: Debris Basins [Four Each]: All access roads: d. Storm Drains: designated storm drains and catch basins 2. Back -Up Assessment. The District will also be structured to allow the City to recover costs for City maintenance of other designated landscape improvements, should it ever become necessary for the City to assume the maintenance of those improvements. Initially those designated landscape improvements will be owned and maintained by the Home Owner's Association for the Tract. However, should it ever be determined by the City that the maintenance provided by the HOA is inadequate, the City could take over the maintenance of those facilities and use the District to fund those additional City costs. 3. Assessment vs. Levy. The Engineer's Report for the District will state that the total assessment amount will be an amount sufficient to fund the cost of maintaining all of the improvements identified in the report. However, the Engineer's Report will also state that the City would only levy that portion of the total assessment related to the cost of maintaining the improvements actually maintained by the City. G. Assessment Amount The proposed assessment and levy amounts are discussed and defined in detail in Exhibit `B' of the Petition/Waiver. That analysis is summarized as follows: Primary Back -up Description Assessment ($) Assessment ($) Total ($) Total Annual Assessment 1,615,145 155,513 1,770,658 Number of EDUs ** 585.5 585.5 Total Annual Assessment Per EDU 2,758.57 265.61 3,024.18 ** Equivalent Dwelling Units AD07_01_Pardee_petition „�dA -�” C ^ ✓lt `_P"', r AD07 -01 [TT -5045] Petition and Waiver June 21, 2006 Page 4 As discussed above, initially the City would only levy an amount equal to the Primary Assessment (as discussed above) The levy of the total assessment would only occur if and when the City assumed the maintenance of those HOA maintained improvements identified in the Engineer's Report. H. Equivalent Dwelling Units (EDUs) The total number of EDUs for all of the assessable lots within the District is calculated as follows- C. 0. L.A. As set forth in the Summary Description for the proposed District (Exhibit B of the attached Petition/Waiver) the District will include an annual Cost of Living Adjustment. J. Right- of -Wav 1. Primary Assessment. 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. 2. Back -up Assessment. Any drainage improvements to be maintained by the HOA but subject to the Back -up Assessment provisions of the District, will be within an easement irrevocably offered to the City but initially not accepted. Should it ever become necessary for the City to assume the maintenance of those facilities, the City will have to record a document accepting the irrevocable offer of dedication. AD07_01 _Pardee_petition n ,., Total Number Land Use Rate Number Units of EDUs Single Family Residential 1 451 Lots 451 Multi - Family Residential 0.75 102 Res. Units 76.5 City Park 2 7 Acres 14 School 2 22 Acres 44 Habitat Area 0 57.5 Acres 0 Open Space 0 108 Acres 0 Total 585.5 C. 0. L.A. As set forth in the Summary Description for the proposed District (Exhibit B of the attached Petition/Waiver) the District will include an annual Cost of Living Adjustment. J. Right- of -Wav 1. Primary Assessment. 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. 2. Back -up Assessment. Any drainage improvements to be maintained by the HOA but subject to the Back -up Assessment provisions of the District, will be within an easement irrevocably offered to the City but initially not accepted. Should it ever become necessary for the City to assume the maintenance of those facilities, the City will have to record a document accepting the irrevocable offer of dedication. AD07_01 _Pardee_petition n ,., AD07 -01 [TT -5045] Petition and Waiver June 21, 2006 Page 5 STAFF RECOMMENDATIONS 1. Accept and approve the Petition and Waiver from Pardee Homes (Exhibit 1) requesting the formation of Assessment District AD07 -01. 2. Adopt Resolution No. 2006- initiating the proceedings required for the formation of said District. Attachments: Ex. 1: The Petition and Waiver was distributed by separate memo. Ex. 2: Resolution Initiating District formation proceedings AD07_01_Pardee_petition Exhibit 1: Petition Waiver The Petition / Waiver was distributed under separate cover. Exhibit 2 RESOLUTION NO. 2006 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF THE CITY OF MOORPARK LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. AD -07 -01 [PARDEE HOMES: T -50451 AND DIRECTING PREPARATION OF ANNUAL REPORT WHEREAS, the City of Moorpark provides for the maintenance and improvement of parks, setback landscaping, drainage systems and street lighting services through the City's Landscape and Lighting Assessment Districts. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Council hereby proposes the formation of a landscaping and lighting district pursuant to 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 location and boundaries of the proposed landscaping and lighting district are coincidental with the boundaries of Tentative Tract 5045 [Pardee Homes]. SECTION 3. The purpose of the landscaping and lighting district shall be for the installation, maintenance and servicing of improvements to the City of Moorpark described in Section 4 below. SECTION 4. Within the landscaping and lighting district, the existing and proposed improvements are generally described as the installation, maintenance and servicing of turf, ground cover, shrubs and trees, irrigation systems, drainage systems, lighting, fencing, and all necessary appurtenances, and labor, materials, supplies, utilities and equipment, as applicable, for property owned or maintained by the City of Moorpark. Maintenance means the 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, or other illuminating agent, for the operation or lighting of any improvements, maintaining, operating and servicing street and traffic safety lighting, and water for irrigation of any landscaping or the maintenance of any other improvements. Resolution No. 2006 - Page 2 SECTION 5. The landscaping and lighting district proposed in this Resolution is hereby given the distinctive designation of the "City of Moorpark Landscaping and Lighting Maintenance Assessment District Number AD- 07 -01." SECTION 6. SCI Consulting Group (formerly Shilts Consultants, Inc.) 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 City Council for submission to the Council. SECTION 7. 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 21St day of June, 2006. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk - �+..� ITEM /0• 0- PETITION AND WAIVER RE: FORMATION OF AN ASSESSMENT DISTRICT FOR TRACT 5045 (PARDEE HOMES) TO: The Honorable City Council City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 RE: Establishment of a Landscape Maintenance Assessment District for Tract 5045, located north of the intersection of Spring Road and Charles Street. The undersigned is the record owner (herein "Owner ") in fee simple of the real property identified below (herein "Property "). The Property is located within the City of Moorpark (herein "City ") and is the subject of an approved tentative map for Tract 5045 (herein "Tentative Map "), prepared and submitted by the Owner. Certain designated landscape and drainage improvements to be constructed by the Owner (herein "City Improvements ") are to be accepted and maintained by City. In addition, it may, under certain circumstances, become necessary for the City to take over the responsibility for the maintenance of certain other designated landscape and drainage improvements (herein "HOA Improvements ") which are to be initially owned and maintained by a future Home Owners Association. Accordingly, it is necessary to establish a new Landscape Maintenance Assessment District (herein "District ") to fund, or potentially fund, the following costs (herein "City Costs "): a) the cost of maintaining the City Improvements; b) the costs of providing for the future maintenance of the HOA Improvements by the City should that become necessary; and c) the cost of providing for the administration of the District. The total improvements to be maintained, or potentially maintained, by the District (herein "Improvements ") shall consist of the City Improvements and the HOA Improvements, as more particularly defined and described in Exhibit "C" attached hereto and made a part hereof. Therefore, the undersigned Owner hereby petitions the City Council of the City (herein "City Council ") to form said District for the purpose of funding said City Costs at the expense of the undersigned and its successors -in- interest, including the future owners of any and all parcels of land into which the Property is to be subdivided upon the recordation of the final map for Tract 5045. The undersigned Owner hereby waives, for itself and its successors -in- interest, all of the rights conferred upon the owners of real property under Article XIII D of the California Constitution and the implementing statute at Article 4.6 of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code (commencing with Section 53750) (collectively "the Article "). The undersigned also waives, for itself and its successors -in- interest, all of the rights conferred upon the owners of real property under Chapter 2 of the Landscaping and Lighting Act of 1972 (commencing with Section 22500 of the Streets and Highways Code) (herein "the Act "). In executing this Petition and Waiver, the undersigned understand(s), agree(s) and acknowledge(s) that: 1. The area to be included in the District is that area identified on the District Boundary Map attached hereto and made a part hereof as Exhibit "A ". AD 07 a Pardee Petition 0606 Petition and Waiver for Tract 5045 June 2006 Page 2 2. The amount of the assessment chargeable to the entire District, the per lot or per acre assessment amount, the duration of the payments, the reason for the assessment, the basis upon which the amount of the assessment was calculated and a general description of the Improvements are set forth in the Assessment District Summary Description attached hereto and made a part hereof as Exhibit "B ". 3. The amount chargeable to the District, as set forth in Exhibit "B ", does not exceed the reasonable cost of the special benefit conferred on the entire Property. 4. The amount chargeable to each parcel, as set forth in Exhibit "B ", does not exceed the reasonable cost of the proportional special benefit conferred upon each of those parcels. In executing this Petition and Waiver, the undersigned warrant and represent that: 1. They have read the Article and have had an opportunity to have the Article, including the rights conferred by the Article that are being waived pursuant to this Petition and Waiver, explained to them by legal counsel of their choice; 2. They have read the Act and have had an opportunity to have the Act, including the rights conferred by the Act that are being waived pursuant to this Petition and Waiver, explained to them by legal counsel of their choice; 3. They have read this Petition and Waiver, have had the opportunity to have the Petition and Waiver explained to them by legal counsel of their choice, knows and understands the rights that they are waiving by this Petition and Waiver, knows and understands the legal effects of the Petition and Waiver, and are not relying upon any representations by the City Council or any of the officers, employees, servants or agents of the City. 4. They consent to the imposition of the assessments defined and described in Exhibit "B ". 5. They agree to pay all City costs related to the formation of the District. THIS PETITION AND WAIVER IS KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY EXECUTED this L'i_ day of 'S ��K , 2006 at a0oR?AtJ/- , California. B By: V. P Corti lm u"-4v The property that is subject to this Petition and Waiver and owned (not leased or optioned) by the above named owner(s) is that property subject of Tentative Map 5045 [AP No. 500 -0- 240 -035; 500 -0- 240 -235; 500 -0- 240 -225; 500 -0- 240 -045; 500 -0- 270 -085; 500 -0- 270 -195; 500 -0- 270 -075; 500- 0 -270- 205; 512 -0- 160 -555; 512 -0- 160 -545; 512 -0- 160 -705; 512 -0- 160 -525; 512 -0- 160 -125] AD 07 a Pardee Petition 0606 • 0 L7 � � \� � •::; e::. �' 0 .,... \1 � DEBRIS BASIN - 4 ! -- AREA _........... - -; - -, -; - -; - -, - -LMD ESM'T - -' - -' - -' -- MAJOR MONUMENTAT70N (MAINTAINED BY LMD) ®LMD OO OOO SLOPE S SLOPE B DETENTION BASIN BOTTOM 00 ® LMD O aLMD Sn aHOA Sn Sn NON—IRRIGATED ©PARKWAY O DEBRIS BASIN BOTTOM WF ■ O IN U RCA OD. 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E i SLOPE S SLOPE B DETENTION BASIN BOTTOM LMD Sn HOA Sn Sn NON - IRRIGATED O FUEL MOD. © PARKWAY O DEBRIS BASIN BOTTOM IN RCA O MEDIAN ® ACCESS ROAD © HOA CO) HOA FO � OPEN SPACE � SHEET 2.3 OT TRAILS \Dl STORM DRAIN OF 25 SHEETS Exhibit `B' [Page I] Tract 5045 Assessment District AD07 -01 Summary Description A. Introduction 1. General: The purpose of the District is to provide funding for the City Costs as defined in the petition and more particularly defined and described herein. This Exhibit "B" is a summary description of that proposed District. 2. City Improvements: The primary purpose of the District is to levy an assessment sufficient to fund the cost of providing for the servicing and maintenance of the City Improvements as more particularly defined and described herein. For the purposes of this District, the term City Improvements shall refer to only those City owned and maintained facilities and improvements specifically identified and listed in Exhibit C" of the Petition. 3. HOA Improvements: A secondary purpose of the District is to provide a mechanism whereby the amount of the levy may be increased, when and if necessary, to fund certain additional cost for providing for the servicing and maintenance of the HOA Improvements should it become necessary for the City to assume those responsibilities. For the purposes of this District, the term HOA Improvements shall refer to only those HOA owned and maintained facilities and improvements specifically identified and listed in Exhibit C" of the Petition. 4. Assessment Amounts: As discussed and described herein, a portion of the total assessment is calculated to provide for the total funding of costs for maintaining the City Improvements. It is the intent of the City to only levy that amount of the total assessment necessary to fund the maintenance of the City Improvements. The portion of the total assessment related to the maintenance of the HOA Improvements will not be levied unless and until the City takes over the maintenance of said HOA Improvements. B. Definitions Waiver. Certain terms in this Exhibit which begin with a capital letter, are defined in the Petition and C. District Boundary The location and boundary of the District is generally shown on Exhibit "A ". The boundary of the District is the same as the boundary for the Tentative Map. D. Description of Improvements to be Maintained The Improvements to be maintained by the District, which are located within and adjacent to the District, are generally described in Exhibit "C" of the Petition. The full scope of the Improvements to be maintained shall be set forth on plans and specifications to be on file with the City. Said plans and specifications will generally describe the Improvements which include but are not limited to the installation, maintenance and servicing of turf, ground cover, shrubs and trees, irrigation systems, stamped concrete surfaces, drainage systems, lighting, fencing, and all necessary appurtenances, and labor, material, supplies, utilities and equipment, as applicable, for the property owned or maintained by the City located in or adjacent to the properties contained with the Tentative Map. AD_07_a_Pardee Petition-060 6 Exhibit `B' [Page 2] Tract 5045: Assessment District AD07 -01 Summary Description As applied herein, "maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the Improvements, including repair, removal or replacement of all or any part of any improvements; providing for the life, growth, health, and beauty of landscaping, and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. "Servicing" means the furnishing of electric current, or energy, gas or other illuminating agent for the lighting or operation of any improvements; maintaining, operating and service street and traffic safety lighting, and water for irrigation of any landscaping or the maintenance of any other improvements. E. Estimated Annual Cost and Budget A general description of the annual cost for the maintenance and servicing of the Improvements, for FY 2007/08, is as- follows: Element Maintenance and Replacement Cost Contingency (10 %) Administration (2.5 %) Total Total Estimated Annual Cost Trails and Drainage Landscaping ($) Improvements ($) Total ($) 1,382,739 191,179 1,573,918 138,274 19,118 157,392 34,568 4,779 1,555,581 215,076 39,348 1,770,658 A more detailed summary of the estimated FY 2007/08 annual costs is set forth in the Exhibit "C" of the Petition. F. City Improvements / HOA Improvements The Improvements to be maintained (see Exhibit "C ") fall into two categories: the City Improvements and the HOA Improvements. A general description of the annual cost for the maintenance and servicing of the City Improvements and the HOA Improvements, for FY 2007/08, is as follows: Element Landscape & Trail Improvements Drainage Improvements Contingency (10 %) Administration (2.5 %) Total Total Estimated Annual Cost for City HOA Improvements ($) Improvements ($) Total ($) 1,244,505 138,234 1,382,739 191,179 0 191,179 143,568 13,823 157,392 35,892 3,456 39,348 1,615,145 155,513 1,770,658 A more detailed summary of the components and maintenance costs for the City Improvements and the HOA Improvements, for FY 2007/08, is set forth in Exhibit "C" of the Petition. G. Primary Assessment and Back -up Assessments The purpose for the Primary Assessment is to fund the cost of maintaining the City Improvements, as well as costs associated with the administration of the District. AD_07_a_Pardee Petition 0606 Exhibit `B' [Page 3] Tract 5045: Assessment District AD07 -01 Summary Description In the event the Owner and /or its successor -in- interest, the future HOA, fails to maintain the HOA Improvements in a manner satisfactory to the City, the City may, at its sole discretion, take over the maintenance of the HOA Improvements. Should that occur the cost of such maintenance would be funded by the Back -up Assessment. The amount of the Total Assessment for FY 2007/08 is summarized as follows: Description Total Assessment Amount Total Number of EDUs Total Assessment per EDU Total Assessment Amount Primary Back -up Total Assessment ($) Assessment ($) Assessment ($) 1,615,145 155,513 1,770,658 585.5 585.5 585.5 2,758.57 265.61 3,024.18 Additional information about the levying of the Primary Assessment and the Back -up Assessment is set forth in Section O of this Exhibit "B ". H. Administrative Costs As noted above, the Annual Budget includes certain administrative costs related to the administration of the annual process required to review and approve a new assessment amount for each successive fiscal year. I. Fiscal Year 2007/08 Total Annual Assessment Amount The Fiscal Year 2007/08 total annual assessment amount shall be equal to the total estimated annual cost and budget as defined herein above as being equal to $1,770,658.00. Amount of Assessment to be Levied As stated elsewhere herein, it is the intent of the City to only levy that portion of the Fiscal Year 2007/08 total assessment related to the maintenance of the City Improvements. The amount of the FY 2007/08 assessment to be levied would, therefore, only be $1,615,145.00. K. Apportionment of Total Assessment Amount 1. General Provisions: The District is to consist of all of the public or privately owned parcels or lots [herein "Lots "] proposed to be created by the Tentative Map, and /or any such parcels or lots which might be created at any date in the future by further subdivision of the properties within the boundaries of the Tentative Map. 2. Special vs. General Benefits: The method used for apportioning the assessment is based upon the proportional special benefits to be derived by each Lot within the District over and above general benefits conferred on real property or to the public at large. The apportionment of special benefit is a two step process: the first step is to identify the types of benefit arising from the AD_07_a_Pardee Petition_0 606 Exhibit `B' [Page 4] Tract 5045: Assessment District AD07 -01 Summary Description improvements, and the second step is to allocate the assessments to each Lot based upon the estimated relative special benefit for each type of Lot. The types of special benefit to be derived by the "benefited" properties, resulting from the installation, maintenance and servicing of the Improvements are generally summarized as follows: a) Protection of views, scenery and other resource values and environmental benefits enjoyed by residents, customers and guests and preservation of public assets maintained by the City. b) Potential for increased economic opportunity. c) Reduced cost of local government in law enforcement, public healthcare, and fire prevention because improved and well- maintained facilities provide a healthier alternative for youth and adult activities. d) Enhanced quality of life and desirability of the area. e) Specific enhancement of property values. f) Creation of individual lots for commercial use that, in the -absence of the assessments, would not have been created. These benefit factors, when applied to property within the District, specifically increase the values of the land within the District. For example, the assessments will provide funding to improve and maintain the landscaping upon and /or adjoining the properties in the District. Such improved and well- maintained setback and median landscaping will enhance the overall quality and desirability of the properties. In turn, property values are specifically enhanced by the availability of improved and well- maintained landscaping in the area. 3. Special Benefits to Properties Within the District: The Maintenance costs shall be allocated to each public or privately owned Lot within the District based upon the approved ultimate Land Use of each Lot, calculated as follows a) Equivalent Dwelling Unit (EDU) upon the Land Use of the Lot, as follows: ..................... ............ Land Use Single Family Residential Multi- Family Residential City Park .............. Schools Open Space or Habitat Areas Each Lot shall be assigned an EDU factor based b) Total EDUs: The total - number of EDUs for all of the assessable Lots within the District is calculated as follows` ADO 7_a_Pardee Petition 0606 Total Number Land Use Rate Number Units of EDUs Single Family Residential 1 451 Lots 451 Multi- Family Residential 075 102 Res. Units 76.5 City Park 2 7 Acres 14 School 2 22 Acres 44 Habitat Area 0 57.5 Acres 0 Open Space 0 108 Acres 0 Total 585.5 ADO 7_a_Pardee Petition 0606 Exhibit `B' [Page 5] Tract 5045: Assessment District AD07 -01 Summary Description 4. Per EDU Assessment. The total assessment shall be spread to each assessable Lot within the District based on the number of EDU for each Lot. The Fiscal Year 2006/07 total per Lot assessment amount is calculated as follows: Description Total Annual Assessment: Total Number of EDU: Fiscal Year 2006/07 Total Annual Per EDU Assessment: Primary Back -up Total Assessment Assessment Assessment $1,770,658.00 585.5 $1,615,145.00 585.5 $2,758.57 $155,51 3.00 585.5 $265.61 $3,024.18 5. Delinquent Assessments: In the event the annual levied assessment for a previous fiscal year for a property in the District is delinquent and uncollected, the budget for the new fiscal year may be increased by the amount of the delinquent assessment, and the total budget, including the delinquent assessment, may be allocated to all other non'-delinquent properties on a "per acre" basis. Any increase in the assessment on other properties in the District resulting from such delinquent assessments, or the annual CPI adjustment (see below), will be considered authorized increases in the assessment and shall not require additional approval by property owners through a mailed assessment ballot proceeding, pursuant to Article XIIID of the California Constitution. 6. Cost of Living Adjustment: The annual assessment is subject to an annual adjustment tied to the Consumer Price Index for the Los Angeles Area as of December of each succeeding year (CPI). In the event that the actual assessment rate for any given year is not increased by an amount equal to the CPI change, any such deferred assessment increase may be added to the total amount assessed in any subsequent year. In such event, the maximum authorized assessment amount shall be equal to the base year assessment as adjusted by the increase to the CPI, plus any and all CPI adjustments deferred in any and all prior years. In addition, the annual adjustment may be increased due to delinquent assessments on property in the District, as specified above. 7. Appeals and Interpretation: Any property owner who feels that the proposed or approved assessment amount for his /her property is in error as a result of incorrect information being used to apply the forgoing method of assessment, may file a written appeal with the Director of Public Works or his /her designee (herein "Director "). Any such appeal is limited to correction of an assessment during the then current or, if before July 1, the upcoming fiscal year. Upon the filing of such an appeal, the Director will promptly review the appeal and any information provided by the property owner. If the Director finds that the assessment amount should be modified, the appropriate changes shall be made to the assessment roll. If any such changes are approved after -the assessment roll has been filed with the County for collection, the Director shall cause any refund amount due to the property owner to be provided to said property owner. Any property owner who disagrees with the decision of the Director may refer their appeal to the City Manager. Any property owner who disagrees with the decision of the City Manager may refer their appeal to the City Council. The decision of the City Council shall be final. Duration of Assessments The assessment is an annual assessment approved, for a given fiscal year, in accordance with the provisions of the Act. It is the intent of the City to undertake the review and approve of a new annual assessment prior to the beginning of each fiscal year, for as long as the assessment is deemed to be necessary and required by the City. AD_07_a_Pardee Petition 0606 Exhibit `B' [Page 6] Tract 5045: Assessment District AD07 -01 Summary Description M. Capital Improvement Reserve Fund The District will have a Capital Improvement Reserve Fund to provide for unforeseen expenses. The projected year -end balance for the Capital Improvement Reserve Fund shall not exceed three (3) years of estimated program costs for the District. If and when it is determined that that levying the maximum authorized assessment for the District in any given year, would cause the Capital Improvement Reserve Fund for the District to exceed said limit, then the amount of the approved assessment which shall be levied upon the properties within the District, shall be reduced to an amount which is estimated to not cause the Capital Improvement Reserve Fund year -end balance to exceed said limit, provided the amount levied upon the properties in the District is not less than ten percent (10 %) of the annual assessment amount. In such event, the amount of the assessment shall remain unchanged. Any reduction to the amount actually levied upon the properties in the District shall not affect the maximum authorized assessment amount for that or any future year. Upon formation of the District, it is the intent of the City to limit the amount of the Capital Reserve Fund to three hundred percent (300 %) of the estimated annual cost of maintaining and servicing the medians and islands. Should it never become necessary for the City to undertake and provide for the maintenance and servicing of the parkways, the upper limit for the Capital Improvement Reserve Fund shall be equal to three hundred percent (300 %) of the total estimated annual cost for the maintenance and servicing of all of the Improvements. Any fluctuations in the amount of the assessment actually levied upon the parcels within the District in any given year, shall not affect the maximum authorized assessment amount for that or any future year. N. Reason for Assessment The reason for the assessment is to fund City Cost for providing for the maintenance of the Improvements. O. Assessment Amount vs. Amount to be Levied Upon formation of the District, that portion of the total assessment related to the maintenance and servicing of the City Improvements shall be levied upon the Property; and that portion of the total assessment related to the maintenance and servicing of the HOA Improvements, as defined herein, shall not be levied upon the Property unless and until the City determines, at its sole discretion, that the proper maintenance and servicing of the HOA Improvements requires the City to undertake and provide for same. In the event it becomes necessary for the City to take over the maintenance and servicing of the HOA Improvements, the entire assessment shall be levied upon the Property. Prior to the beginning of each future fiscal year the City will undertake the efforts necessary to approve the annual assessments as defined and described herein, including the annual CPI increase and a determination with regard to the amount of the assessment to be levied upon the Property. AD_07_a_Pardee Petition 0606 Exhibit `B' [Page 7] Tract 5045: Assessment District AD07 -01 Summary Description Not a part: alternative language for future districts 3. Special Benefits to Properties Within the District: It has been determined that all of the properties within the District will receive a similar special benefit. The total annual assessment will, therefore, be allocated to all properties in amounts proportionate to the size of each Parcel. The Total Annual Assessment Amount will, therefore, be apportioned to each Assessor Parcel within the District using a "Per Acre" assessment amount. 3. Special Benefits to Properties Within the District. It has been determined that all of the residential parcels within the District will receive a similar special benefit. The total annual assessment will, therefore, be allocated to all residential lots equally. Any parcels owned by the HOA shall be exempt from the assessment. AD_07_a_Pardee Petition 0606 Exhibit `C' [Page I] Tract 5045 Assessment District AD07 -01 Description of Improvements to be Maintained A. Description of Improvements 1. Landscape Improvements: a. Slopes: 1)' Spring Road 2) "B" Street 3) "C" Street b. Parkways: 1) Spring Road 2) "A" Street c. Medians: 1) Spring Road 2) "B" Street d. -Fuel Modification Areas: 2. Trails: All Trails 3. Drainage Improvements: a. Detention Basins [Three Each]: b. Debris Basins [Four Eachl: c. All access roads: 4. Storm Drains: all storm drains and catch basins 5. Maps: A general description of the location and maps attached as Exhibit A. limits of the Improvements is shown on the B. City Improvements / HOA Improvements The City Improvements and the HOA Improvements follows: City Improvements: 1. Landscape Improvements: a. Slopes: Spring Road b. Parkways: Spring Road c. Medians: Spring Road d. Fuel Modification Areas: 2. Trails: All Trails 3. Drainage Improvements: a. Detention Basins [Three Each]: b. Debris Basins [Four Each]: c. All access roads- 4. Storm Drains HOA Improvements: 1 Landscape Improvements: a. Slopes: "B" Street "C" Street b. Parkways: "A" Street are generally defined and described as C. Annual Maintenance Costs The annual cost to provide for the maintenance of the Improvements is set forth in the chart attached as page 2 of this Exhibit. AD_07_a_Pardee Petition 0606 AD06 -00c Pardee (T5045) Petition / Waiver [File # ad07- a_Pardee_costs_06061 Exhibit C Page 2 Tasks Cost ($) Per Unit Freq. Units Per Task Quantity Per Year Total Annual Maintenance / Re lacement Costs ($) City Improvements HOA Improvements Total Improvements total area SF 0.05 419,164 Sub -Total Landscaping, Trails & Fuel Modification Areas A Landscaping 1 Slopes 19,165 Area A see Drainage Maintenance Cost Matrix Area B S S SN SN 2 Parkways SF 0.60 1,379,309 1 SF 0.60 131,985 1 SF 0.40 636,165 1 SF 0.40 90,362 1 827,585 254,466 79,191 36,145 827,585 79,191 254,466 36,145 Spring Rd Water 'A' Street Water 3 Medians SF 0.50 69,016 I SF 020 69,016 1 SF 0.50 31,227 1 SF 0.20 31,227 1 34,508 13,803 15,614 6,245 34,508 13,803 15,614 � 6,245 Spring Rd Water A' Street Water SF 0.50 98,435 1 SF 0.20 98,435 1 SF 0.50 1,485 1 SF 0.20 1,485 I 49,218 19,687 743 10v 49,218 19,687 743 Sub -Total Landscaping 138,234 1,337,501 B Trails 24,280 all trails SF 0.10 242,798 C Fuel Modification Area 138,234 total area SF 0.05 419,164 Sub -Total Landscaping, Trails & Fuel Modification Areas D Drainage Improvements I Detention Basins 19,165 Area A see Drainage Maintenance Cost Matrix Area B see Drainage Maintenance Cost Matrix Area C see Drainage Maintenance Cost Matrix 2 Debris Basins 10,142 Area D see Drainage Maintenance Cost Matrix Area E see Drainage Maintenance Cost Matrix Area F see Drainage Maintenance Cost Matrix Area G see Drainage Maintenance Cost Matrix 3 Storm Drians see Drainage Maintenance Cost Matrix Sub -Total Drainage 64,907 Total 1,199,267 138,234 1,337,501 1 24,280 24,280 1 20,958 20,958 1,244,505 138,234 1,382,739 31,988 31,988 30,772 30,772 11,272 11,272 19.165 19,165 10,955 10,955 10,142 10,142 11,978 11,978 0 64,907 64,907 0 0 191,179 1 0 1 191,179 1,435,684 1 138,233 1 1,573,918 MOORPARK HIGHLANDS LANDSCAPE MAINTENANCE DISTRICT - DRAINAGE ELEMENT COST MATRIX - Tasks* Construction Costs Total Maintenance / Re—placement Costs Unit Per Task Quantity Frequency Annual Monthly Per Unit AREA W - See Sheets 14 & 15 Norther) Basin (Approximately 95,000 SF encom passing basin bottom and side slopes up to weir crest) 1 Maintenance a Landscaping' EA $5,000 1 2 $10,000 $833 b Generale EA $4,000 1 2 $8,000 $667 c Pest Control s EA $400 1 4 $1,600 $133 d Drain Standing Water4 EA $2,500 1 1 $2,500 $208 e Sediment Removal (once every 5 yrs)5 EA $45,900 1 0.200 $9,180 $765 Subtotal $31,280 $2,607 2 System Components a Straight Headwall EA $3,500 3 0.033 $350 $29.17 b Rip Rap c Perforated Riser CY $100 100 0.033 $333 $27.78 EA $500 1 0.050 $25 $2.08 Subtotal $708 $59 AREA'B' - See Sheets 21 & 22 Souther) Basin (Approximately 70,500 SF encom passing basin bottom and side slope up to weir crest) 1 Maintenance a Landscaping' EA $5,000 1 2 $10,000 $833 b General EA $4,000 1 2 $8,000 $667 c Pest Control s EA $400 1 4 $1,600 $133 d Drain Standing Water 4 EA $2,500 1 1 $2,500 $208 e Sediment Removal (once every 5 yrs)5 EA $31,600 1 0.200 $6,320 $527 Subtotal $28,420 $2,368 2 System Components a Straight Headwall EA $3,500 6 0.033 $700 $58.33 b Rip Rap c Perforated Riser CY $100 488 0.033 $1,627 $135.56 EA $500 1 0.050 $25 $2.08 Subtotal $2,352 $196 Page 1 of 6 r� r• rt n w '-A'C'- See Sheet 2 Debris Basin M -24 (Approximately 42,000 SF e compassing basin bottom and side slo es up n /Walnut Detention Basin (Ap roximatel 12,500 SF encompassing basin bottom and side slopes up to weir crest 1 Maintenance a Landscaping' b General EA $3,500 1 2 a Landscaping' $583 EA $1,750 1 2 $3,500 $292 b General 3 d Drain Standing Water4 EA $1,750 1 2 $3,500 $292 c Pest Control 5 rs). 5 I EA EA $300 1 4 $1,200 $100 d Drain Standing Water' EA $2,000 1 1 $2,000 $167 e Sediment Removal (once every 5 yrs )5 EA $3,000 1 0.200 $600 $50 2 Subtotal $233 $19.44 b Rip Rap c Perforated Riser CY EA $10,800 $900 2 System Components $67 $5.56 Subtotal 1 0.050 a Headwall b Rip Rap $2.08 LF $100 49 0.033 $163 $14 c Dual Riser CY EA . $100 $1,300 73 1 0.033 $243 $20.28 0.050 $65 $5 Subtotal $472 $39 AREA 'D' - See Sheet 14 Debris Basin M -24 (Approximately 42,000 SF e compassing basin bottom and side slo es up to weir crest) 1 Maintenance a Landscaping' b General EA $3,500 1 2 $7,000 $583 c Pest Control 3 EA $3,500 1 2 $7,000 $583 d Drain Standing Water4 EA EA $350 $2,000 1 1 4 $1,400 $117 e Sediment Removal (once every 5 rs). 5 I EA $7,200 1 1 0.200 $2,000 $1,440 $167 Subtotal $18,840 $120 $1,570 2 System Components a Straight Headwall EA $3,500 2 0.033 $233 $19.44 b Rip Rap c Perforated Riser CY EA $100 $500 20 0.033 $67 $5.56 Subtotal 1 0.050 $25 $2.08 $325 $27 Page 2 of 6 r� n AREA'E' - See Sheet 4 Debris Basin 2 (Approximately 12,500 SF encom passing basin bottom and side slopes up to weir crest 1 Maintenance a Landscaping EA $1,750 1 2 $3,500 $292 b General EA $1,750 1 2 $3,500 $292 c Pest Contro13 EA $300 1 4 $1,200 $100 d Drain Standing Water 4 EA $2,000 1 1 $2,000 $167 e Sediment Removal (once every 5 rs)5 I EA $3,000 1 0.200 $600 $50 Subtotal $10,800 $900 2 System Components a Straight Headwall EA $3,500 1 0.033 $117 $9.72 b Rip Rap c Perforated Riser CY EA $100 $500 4 0.033 $13 $1.11 1 0.050 $25 $2.08 [Debris Subtotal $155 $13 REA'F' - See Sheet 5 Basin 3 (Approximately 9,600 SF encom )assinq basin bottom and side slopes u p to weir crest 1 Maintenance a Landscaping' EA $1,500 1 2 $3,000 $250 b General 3 EA $1,500 1 2 $3,000 $250 c Pest Control EA $300 1 4 $1,200 $100 d Drain Standing Water4 EA $2,000 1 1 $2,000 $167 e Sediment Removal (once every 5 rs) 5 EA $3,000 1 0.200 1 $600 1 $50 Subtotal $9,800 $817 2 System Components a Straight Headwall EA $3,500 1 0.033 $117 $9.72 b Rip Rap c Perforated Riser CY EA $100 $500 60 0.033 $200 $16.67 1 0.050 $25 $2.08 Subtotal $342 $28 Page 3 of 6 x Ln AREA'G' - See Sheets 7 & 8 Debris Basin 4 (Approximately 15,500 SF enco passing basin bottom and side slopes up to weir crest) 1 Maintenance a Landscaping' EA $2,000 1 2 $4,000 $333 b General EA $2,000 1 2 $4,000 $333 c Pest Control 3 EA $300 1 4 $1,200 $100 d Drain Standing Water4 EA $2,000 1 1 $2,000 $167 e Sediment Removal (once every 5 yrs)5 EA $3,000 1 0.200 $600 $50 Subtotal $11,800 $983 2 System Components a Straight Headwall EA $3,500 1 0.033 $117 $9.72 b Rip Rap c Perforated Riser CY EA $100 $500 11 0.033 $37 $3.06 1 0.050 $25 $2.08 Subtotal $178 $15 rn Page 4 of 6 Storm Drain Pipes 1 Maintenance $208 a Inspection6 EA $2,500 1 1 $2,500 b Cleanin EA $5,000 1 1 $5,000 $417 Subtotal $7,500 $625 2 System Components a Manhole APWA 321 -1 EA $2,500 1 0.033 $83 $7 b Manhole APWA 322 -1 EA $2,500 17 0.033 $1,417 $118 c Manhold APWA 320 -1 EA $3,000 19 0.033 $1,900 $158 d Conc Collar EA $1,600 27 0.033 $1,440 $120 e 18" RCP LF $120 290 0.033 $1,160 $97 f 30" RCP LF $240 220 0.033 $1,760 $147 g 36" RCP LF $90 3,520 0.033 $10,560 $880 h 48" RCP LF $160 730 0.033 $3,893 $324 i 54" RCP j 66" RCP LF $110 3,050 0.033 $11,183 $932 k Junction Structure APWA 331 -2 LF EA $280 $5,000 2,060 9 0.033 $19,227 $1,602 1 PCC Energy Dissipator EA $30,000 2 0.033 0.033 $1,500. $2,000 $125 $167 m 96" RCP LF $330 50 0.033 $550 $46 n 12" CMP LF $150 10 0.050 $75 $6 o 18" CMP EA $200 10 0.050 $100 $8 P 24" CMP EA $250 10 0.050 $125 $10 q 36" CMP EA $280 10 0.050 $140 $12 r 48" CMP EA $300 10 0.050 $150 $13 s Velocity Control Ring EA $300 6 0.033 $60 $5 t Pipe Anchor EA $100 25 0.033 $83 $7 Subtotal $57,407 $4,784 s TOTAL 51;932 n' Total Per tint. 5521nits r' F ufi -, x— �Snx J V Page 5 of 6 See Section 2 and Appendix E of the Moorpark Highlands Basin Maintenance Manual for more information. ' Cutting vegetation to an average height of 6 inches, removing trimmings and woody vegetation. 2 Repairing basin damage to inlet structures, outlet structures, side slopes or other features and /or significant erosion, graffiti or vandalism, fences, removing trash, etc. 3 Removing pests such as ground squirrels, voles, or gophers, and repairing their holes or mounds as appropriate. 4 Clearing a blocked outlet to allow the basin to drain by removing sediment, debris, etc. 5 Removal of accumulated sediment which is either greater than 18 inches, or 10 percent of the basin volume, whichever is less. B Inspecting for damaged, blocked, or leaking pipes and components. Cleaning blocked or debris filled pipes. Above costs include maintenance of all access roads r� n 00 v Page 6 of 6