HomeMy WebLinkAboutAGENDA REPORT 2006 1206 CC REG ITEM 10GMOORPARK CITY COUNCIL
AGENDA REPORT
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TO: The Honorable City Council
FROM: Yugal K. Lail, City Engineer /Public Works Director /
Prepared by: Ken Gilbert, Public Works Consultant
DATE: November 21, 2006 (CC Meeting 12 -6 -06)
SUBJECT: Consider Resolution Approving the Engineer's Report for Assessment
District AD07 -01 [Pardee Homes — Tract 5045] for Fiscal Year 2007/08
and Providing Notice of Public Hearing on January 17, 2007
DISCUSSION
A. Background
On March 15, 2006, the City Council considered a Petition / Waiver from the owner(s)
of the property within Tentative Tract 5045, requesting formation of the subject
assessment district. On that date the City Council approved and accepted that
Petition/Waiver and adopted Resolution No. 2006 -2448, initiating the process
required for the formation of the subject Assessment District.
B. Tract Map 5045
The property subject to Tract Map 5045, generally described by the maps attached
as Attachment 1, is located northeast of the intersection of Spring Road and Charles
Street.
C. Engineer's Report
The Engineer's Report for the formation of this new Assessment District has been
distributed to the City Council and key staff members by separate memo. Copies of
this report may be obtained from the City Clerk's Division. This report includes
certain information required for the formation of a 1972 Act Lighting and Landscaping
Assessment District, including the following:
• a Boundary Map for AD07 -01;
• the reason for the assessment;
• the duration of the assessment;
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Honorable City Council
December 6, 2006
Page 2
• the method of assessment;
• the amount of the annual assessment; and
• a description of improvements to be maintained.
D. Description of Improvements to be Maintained
A description of the improvements to be maintained by the District is as follows:
1. Landscaping:
a. Slopes:
• Spring Road;
• Ridgecrest Avenue; and
• High Top Street.
b. Parkways:
• Spring Road; and
• Ridgecrest Avenue.
c. Medians:
• Spring Road;
• Ridgecrest Avenue; and
• Elk Run Way.
2. Trails: All
3. Drainage:
a. Detention basins: three
b. Debris basins: four
c. Basin access roads: all
d. Storm drains and catch basins.
Note: A more specific description of the improvements to be maintained is
set forth in the Engineer's Report.
E. Primary Assessment & Back -Up Assessment
1. Primary Assessment. The Primary Assessment to be levied by the 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: Spring Road and Ridgecrest Avenue;
• Parkways: Spring Road and Ridgecrest Avenue; and
• Medians: Spring Road and Elk Run Way.
b. Trails: all
c. Drainage Improvements: all drainage facilities noted above.
2. Back -Up Assessment. There are also landscape improvements to be
maintained by the Home Owners' Association (HOA) for Tract 5045. Certain of
those improvements are highly visible to the general public. In the event it is ever
AD07_01_pardee_rpt
Honorable City Council
December 6, 2006
Page 3
determined by the City that the HOA's maintenance of those facilities is
inadequate, the City may take over the maintenance of those facilities and levy
an additional "back -up" assessment amount. A summary of the landscape
improvements subject to the "back -up assessment ", is as follows:
• Parkways: Elk Run Way.
3. Assessment vs. Levy. The Engineer's Report for the District sets forth both 1) a
total authorized assessment amount (equal to sum of the primary and back -up
assessment) and 2) a proposed assessment levy amount for FY2007/08 (equal
to the primary assessment amount).
F. Assessment Amount
The proposed assessment and levy amounts are 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 Per Lot Assessment 2,758.57 265.61 3,024.18
** EDU = Equivalent Dwelling Unit
As discussed above, initially the City would only levy an amount equal to the Primary
Assessment. The levy of the total assessment would only occur if and when the City
assumed the maintenance of certain additional HOA maintained improvements
identified in the Engineer's Report.
G. Equivalent Dwelling Unit
The total number of EDUs for all of the assessable lots within the District is calculated
as follows:
Land Use
Rate
Number
Units
Total Number
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
H. C.O.L.A.
The Engineer's Report stipulates that, in future years, the assessment amounts may
be adjusted, as necessary to accommodate any increases to the cost of
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Honorable City Council
December 6, 2006
Page 4
maintenance, provided said assessment increases do not exceed the increase to the
Consumer Price Index (CPI). The Engineer's report also states that any such
increase which is deferred, may be added in a subsequent year.
Right -of -Way
All landscape and /or drainage improvements to be maintained by the City which are
located outside of the street right -of -way, will be situated within an easement to be
granted to and accepted by the City. This includes the HOA improvements subject to
the "back -up" assessment.
J. Public Hearing
Adoption of the attached Resolution (Exhibit 2) will approve the Engineer's Report
and set January 17, 2007, as the date of a public hearing to consider approval of the
levy of the assessments set forth in the Engineer's Report.
STAFF RECOMMENDATION
Adopt Resolution No. 2006-
Attachments:
1: District Location Map and Boundary Map
2: Resolution
AD07_01 _pardee_rpt
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Exhibit 2
RESOLUTION NO. 2006 -
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MOORPARK, CALIFORNIA, OF INTENTION
TO LEVY ASSESSMENTS FOR FISCAL YEAR 2007-
08, PRELIMINARILY APPROVING ENGINEER'S
REPORT, AND PROVIDING FOR NOTICE OF
HEARING FOR THE CITY OF MOORPARK
LANDSCAPING AND LIGHTING MAINTENANCE
ASSESSMENT DISTRICT AD07 -01
THE CITY COUNCIL OF THE CITY OF MOORPARK (the "City") DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. On March 15, 2006, the Moorpark City Council adopted
Resolution No. 2006 -2448, a Resolution initiating proceedings for the formation of
the City of Moorpark Landscaping and Lighting Maintenance Assessment District
No. AD07 -01 pertaining to the properties within Tract 5045 [Pardee Homes] and
directing preparation of an Annual Report. Pursuant to this resolution, SCI
Consulting Group (formerly known as Shilts Consultants, Inc.), the Engineer of
Work, prepared an Engineer's Report in accordance with Section 22565, et. seq.,
of the Streets and Highway Code (the "Report") and Article XIIID of the California
Constitution. The Report has been made, filed with the City Clerk and duly
considered by the City Council and is hereby deemed sufficient and preliminarily
approved. The Report shall stand as the Engineer's Report for all subsequent
proceedings under and pursuant to the foregoing resolution.
SECTION 2. It is the intention of the City Council to levy and collect
assessments within the District for fiscal year 2007 -08. 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 located in or
adjacent to the properties contained within Tract 5045. 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 3. The District consists of all of the lots and parcels within the
boundary map of the District to be placed on file with the City Clerk, and reference
is hereby made to such map for further particulars.
SECTION 4. Reference is hereby made to the Report for a full and detailed
description of the Improvements, the boundaries of the District and the proposed
assessments upon assessable lots and parcels of land within the District. The
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 (the 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. Including the authorized annual
adjustment, the maximum fiscal year 2007 -08 assessment rate per equivalent
dwelling unit is $3,024.18. The proposed fiscal year 2007 -08 assessment rate per
equivalent dwelling unit is $2,758.57.
SECTION 5. The public hearing shall be held, before the City Council, in the
City Council Chambers of the City of Moorpark, located at 799 Moorpark Avenue,
Moorpark, California 93021 as follows: on January 17, 2007, at the hour of 7:00
p.m. for the purpose of determining whether the public interest, convenience and
necessity require the improvements and the City Council's final action upon the
Engineer's Report and the assessments therein.
SECTION 6. In order to expedite the proceedings, the property owners have
submitted a Petition and Waiver. In submitting these documents to the City, the
property owners (1) request that the new assessment district be formed; and (2)
waive all rights conferred by Proposition 218 with respect to the approval of the
new assessment by mailed ballot and the 45 -day time period for balloting.
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 6th day of December 2006.
ATTEST:
Deborah S. Traffenstedt, City Clerk
Patrick Hunter, Mayor