HomeMy WebLinkAboutAGENDA REPORT 1993 0120 CC REG ITEM 09AI ITEM AW
•
MOORPARK
799 Moorpark Avenue Moorpark, California 93021
AG EN DA RE PORT
`•O�tAgMRNIA
Council Meeting
Z 1991
ACTION: ,
-16o Zi3 A
ay
TO: The Honorable City Council
FROM: Kenneth C. Gilbert, Director of Public Works �
DATE: January 14, 1993 (City Council Meeting 1- 20 -93)
SUBJECT: Assessment District 92 -1 Supplemental Report
BACKGROUND
On January 6, 1993, the City Council conducted a public hearing on
the proposed formation of an assessment district to finance certain
infrastructure improvements in the vicinity of Los Angeles Avenue
and Park Lane. At that hearing, the City Council received a number
of protests regarding the amount of the assessments identified in
the Engineer's Report.
On January 11, 1993, and again on January 13, 1993, the Public
Works, Facilities and Solid Waste Committee (Mayor Pro tem
Montgomery and Councilmember Wozniak) met to discuss various
methods to address the concerns raised at the hearing. This report
summarizes the recommendations of the Committee regarding 1) a
reduction in the amount of the assessments through the funding of
a portion of the improvements by the City via the Los Angeles
Avenue AOC, and 2) the establishment of a program to allow for the
deferral of assessments by qualified property owners.
DISCUSSION
A. L A AOC Funding of Improvement Costs
It is the recommendation of the Committee that the improvements
described below be funded by the Los Angeles Avenue AOC, and
that the amount of the improvement costs to be spread to the
assessment district be reduced by a like amount.
knrtd
PAUL W. LAWRASON JR. SCOTT MONTGOMERY PATRICK HUNTER BERNARDO M. PEREZ JOHN E. WOZNIAK
Mayor Mayor Pro Tom Counalmember Coundlmember Coundlmember
Pnnfed on Aecyded P*w
Assessment District 92 -1
Page 2
Description
1. AOC Core Improvements:
a. Caltrans Frontage: The street
improvements to be constructed along the
frontage of the Caltrans Maintenance Yard.
b. AOC Core Improvements: The remainder of
the street improvements within that area
identified in the "Core" AOC street
improvements (four travel lanes plus
median).
2. Traffic Signals:
Cost ($)
10,000
105,000
a. Liberty Bell -- One -half the estimated 65,000
cost of construction, not to exceed
$65,000. [Note: The Conditions of Approval for CPD 89 -1 &
CPD 89 -2 require the developer to fund one -half the cost. All costs
exceeding the City's share will be spread between Ventura Pacific and
McCloud on the basis of trip generation].
b. Park Lane -- One —half the estimated cost 65,000
of construction, not to exceed $65,000.
[Note: While a traffic signal at this location is not
identified in the AOC, the construction of same is an eligible AOC
expense. It is, therefore, recommended that this traffic signal be
handled in the same manner as the Liberty Bell Road signal. All costs
exceeding the City's share will be spread between Ventura Pacific and
McCloud on the basis of trip generation].
3. Storm Drains:
a. Lines 'A' 'B' & 'C' -- Delete land 143,791
acquisition costs from Line W. Twenty —
five per cent (25 %) of the remaining costs
(not to exceed $150,000) to be funded by
the AOC.
b. Lassen Drain -- One half the cost to be 38,000
funded by the AOC.
Total 426,791
knrt4
Assessment District 92 -1
Page 3
B. Revised Assessment Spread
Attached are three exhibits relating the assessment spread
summarized as follows:
• Exhibit 1: the Assessment spread distributed to the City
Council last week, showing all costs (including right -of -way)
with a six month capitalized interest.
Exhibit 2: a revised assessment spread which deleting the
right -of -way costs and showing the City's participation (AOC
Fund) in the project as discussed above.
Exhibit 3: a comparison of the total assessments shown in
Exhibits 1 & 2 showing the amount reduction.
C. Anticipated Cost Reduction
Under separate cover the City Council has been provided with a
summary of bids received for the Phase I improvements. Be
advised that the bids received for this work are approximately
twenty per cent (200) less than the construction cost estimates
used in Section A above and in the Assessment Spreads set forth
in Exhibits 1 and 2. It is anticipated that the bids received
for the Phase II improvements will also be lower than the
amounts estimated in the Engineer's Report. The net result will
be a reduction in the final amount of the assessments.
D. Improvements to Benefit Properties
All of these properties are expected to be developed at some
point in the future. The improvements to be funded by the
district are improvements which would be required to be
constructed by each property at the time of development. As
such, these improvements benefit all of the properties within
the district. The degree of benefit and the method of spreading
the cost to each property based on the benefit derived, is
discussed in more detail in the Engineers' Report.
It is the view of staff and the Public Works, Facilities and
Solid Waste Committee that the owners of the properties within
the District share in the benefits each will receive from the
proposed improvements; and, accordingly, each should share in
cost of same.
knrt6
Assessment District 92 -1
Page 4
E. Deferral of Assessments
It is understood that the capital which funds the types of
improvements to be constructed, normally comes from the
financial backers of development projects. It is recognized
that many of the properties in question are not presently
pursuing development, and the owners of same may not have the
resources to pay for these improvements, even if the cost is
spread over several years by the assessment district.
Accordingly, it is the recommendation of the Committee that the
City offer, to all qualified properties, the option of deferring
payment of the assessments. It is proposed that, for those
wishing to participate, the City pay the total amount of the
assessment during the thirty day cash collection period, said
payment to be made from the Los Angeles AOC fund. Any such
payment would be required to be re —paid to the City at the time
the property is developed. The specific terms and requirements
of the advance would be set forth in an Agreement (& lien) to be
recorded upon the property. An outline of the elements proposed
to be address in the Agreement, are summarized as follow:
Policy: The owner of any property currently used for residential or Agricultural purposes
may request that their assessment be paid during the thirty (30) day cash
collection period with a loan from the City's L. A. AOC Fund.
Right —of —Way: Any property owner participating in the program must dedicate any an all right -
of -way required for the project.
Advance: The assessment levied against said properties will be paid by the City with AOC
funds.
Re—Payment: Said a advance shall be re -paid to the City (with interest) upon the first
occurrence of the following:
• sale and /or transfer of ownership of the property;
• approval of a Zone Clearance for a Commercial building;
• approval of a CPD or RPD;
• approval of a Land Use and /or Zone Change;
• approval of a final Tract Map or Parcel Hap; or,
• the end of the term of the bonds.
There will be no penalty for early pre - payment. Any such pre - payment must be in
full.
Interest: Any assessments advanced by the City shall be subject to simple interest equal
to the current Local Agency Investment Fund (LAIF) rate, plus one per cent (1 %),
provided said rate not exceed twelve per cent (12 %). Interest payments may be
deferred.
kart{
Assessment District 92 -1
Page 5
Agreement: Said re- payment shall be guaranteed by an Agreement and Lien to be recorded upon
the property, setting forth the above provisions.
F. Meeting
A meeting of the Public Works, Facilities and Solid Waste
Committee has been scheduled for 4:00 p. m. on Wednesday,
January 20, 1993, to discuss with the affected property owners
the deferred assessment program described above. Letters have
been sent to all such property owners, advising them of the
meeting and inviting them to attend.
G. L. A. AOC Fund Obligation
The anticipated cost of the above described City participation
in the assessment district is summarized as follows:
Item
1 AOC Funded Improvements
2 Maximum Assessments to be Advanced
Birkenshaw
Gisler
Iksan ( #2)
Ojena
Fitch
Gilbert
Sub -Total #2
Maximum paid in full By AOC
TOTAL
Amount ($)
426,791
1,195,371
The above figures includes an entry indicating the total amount of
the subject assessments for the entire twenty year life of the
district. For those properties participating in this program, the
City would pay the total amount of the assessment in full within
the thirty day cash collection period, thus eliminating interest
payments to the District in future years.
Be advised that the current fund balance for the Los Angeles AOC
fund is $5,184,617.
kmrt♦
Annual
20 yr.
Cost
Ass'mnt
Ass'mnts
308,104
32,301
646,020
200,487
21,018
420,360
90,301
9,467
189,340
92,436
9,691
193,820
43,052
4,513
90,260
34,200
3,585
71,700
768,580
80,575
1,611,500
768,580
768,580
1,195,371
The above figures includes an entry indicating the total amount of
the subject assessments for the entire twenty year life of the
district. For those properties participating in this program, the
City would pay the total amount of the assessment in full within
the thirty day cash collection period, thus eliminating interest
payments to the District in future years.
Be advised that the current fund balance for the Los Angeles AOC
fund is $5,184,617.
kmrt♦
Assessment District 92 -1
Page 6
RECOMMENDATION (Roll Call Vote Required)
Staff recommends that the City Council take the following actions:
1. Approve City participation in the cost of the proposed
improvements to the extent described above (est. $426,791) and
direct the amount of the assessment to be adjusted downward in
a like amount;
2. Approve the above described program to allow for the owners of
qualified properties to defer their assessments and direct staff
and the Public Works, Facilities and Solid Waste Committee to
work with interested property owners to assist them in
completing the necessary documents.
3. Appropriate $ 1.2 million from the L. A. AOC fund and amend the
Budget for FY 1992/93 to provide for City participation in the
project as defined in this report.
knrt6
Revislon (5 Months Of Capitalized Interest)
PARCEL _
19
20
21
24
25
26
31
32
SUBTOTAI
BIRKENSHAW
35
36
SUBTOTAI
VENTURA PACIFIC CAPITAL
37
GISLER
42
SUBTOTAI
IKSAN - LIBERTY DEV.
1
2
SUBTOTAI
4
FITCH
5
GILBERT
6
7
SUBTOTAI
TOTAL
Tue, Jan 5, 1993
LAAVE
STORM DRAIN
MAINLINE A
LAAVE
LA AVE
_
STORM DRAIN
MAINLINE C
PARKLANE
BRANCH
STORM DRAIN
LASSEN
BRANCH
'STORM DRAIN i
STORM DRAIN ;
MAINLINE B
�-
$12,445
$4,300
- $4,730
$11,228_
$13,690
$32,496
-
--
$7,744
--
-
$51,647
$4,701
--
$3,249
1 $4,033_'
--
$23,715
$8,194
1 $10,171
$175,130
$31,701
$14,204
$11,823:
$40,654
$8,170
$28,093
$10,142
$18,655
$17,44
$34,873
$64,148
$59,983 _I
$52,477
$36,263
$45,015
$82,800
$77,427 {
t
$74,4631
$51,457
$63,875
$117,492
i
$27,725
$105,802
$133,527
- - - -- - - - - --
l -
i
I
-
$119,421
- $200,292
-- 5435,597
i $77,427
c1�
29
F)(_ i
Revislon (6 Months of Capitalized Interest) Tue, Jan 5, 1993 ( 2
PARCEL MACLEOD LIBERTY BELL , LIBERTY BELL LAAVE LAAVE
BRANCH NORTH OF SOUTH OF _SIGNALS SIGNALS
STORM DRAIN LAAVE LAAVE PARKLANE LIBERTY BELL
MACLEOD --
19 $40,605 $10,634 J � $6,454 $11,663 1
20 $44,666 $11,698 _ $7,10_0 $12,82
21 S106,025 $27,767 $50,560 $10,151
24 _ - --
25 -
26
31 - - $4,017 _ -- 1 $16,122l I
32 _ $20,264 $47.676 I
SUBTOTAL $191,2961 $74
BIRKENSHAW
35
36
SUBTOTAL
VENTURA PACIFIC CAPITAL
37
GIST ER
42
SUBTOTAL
IKSAN - LIBERTY DEV.
1
2
SUBTOTAL
O,IENA
4
FITCH
GILBERT
SUBTOT
TOT
rl
$101,198
I $75,966
_ $75,966
—�
- -- $63,627
I
$83,308
$50,179
-I
$2,080
-
-
$2,080
f
__.
$129,275
$64380
$193,654
_
$52,682
$12,208'
564,890 �-
— $13,287
$49,623
30
Jc-'� 5 '93 22:57
Revision (6 Months of Capitalized Interest)
PARCEL
MACLEOD
19
20
21
24
25
26
31
32
SUBTOTAL
BIRKENSHAW
35
36
SUBTOTAL
VENTURA PACIFIC CAPITAL
37
GISLER
42
SUBTOTAL
IKSAN - LIBERTY DEV.
1
2
SUBTOTAL
OJENA
4
FITCH
s
GILBERT
6
7
SUBTOTAL
TOTAL
JAti '-' 'q7- 27—:57
Tue, Jan 5, 1993
LA AVE
LA AVE
LA AVE
GISLER
PARKLANE
LASSEN
SOUTH SIDE
NORTH SIDE
STREET
—�
STREET
IMPROVEMENT
IMPROVEMENT
'
$23,834
$26,217
$33,351
— $36,686
$4,463
$6,246
$29,770
$41,658
_
$27,048
,
$80,300
$107,348
$84,284
$117 941
$70,127
_
—
I
_
$70,127
- —
$83,681
$153,810
$215,231
F
11
- --
-
$1140,100 --
-
$324,349
$147,431
$471,781
$148,611
$87,279
I
-
$308,221
$333,172
5707,671
5191,029
$140,100
3,
31
Revision (6 Months of Capitalized Interest)
PARCEL
19
20
21
24
25
26
31
32
SUBTOTAI
BIRKENSHAW
35
36
SUBTOTAI
VENTURA PACIFIC CAPITAL
37
GISLER
42
SUBTOTAI
IKSAN - LIBERTY DEV.
1
2
SUBTOTAI
OJENA
4
FITCH
5
GILBERT
6
7
SUBTOTA
TOTAI
Jg4N 5 ' az ?` : sa
Tue, Jan 5, 1993
(4)
WATER IMPROV.
UTILITY IMPROV. UTILITY
LA AVE, PARK LN FEES
TOTAL
APPROX.
ANAL_ PYM'T
LA AVE, PARK L_N
AND LASSEN
AND LASSEN
$4,354
$38,096
$17,773
$19,550.
$203,609
1 $223,860.
$21,335
$23,4691
$4,790
$11,370
$41,905
$99,472
$4.6,407
$395,475
$41,460
$10,039
$38,732
$25,997
$4,061
$2,725
$2,709
$16,071
$173,394
$81,922
$18,178_
$8,568
$1,645
$14,3_92
_
$6,714
$8,298
$72,593
$33,867
'305,0713] _$31,983
$1,447,967 $151,800r
$66,233 $6,944
$61,276
$266,458 $124,310
i
$14,224
$388,067
S40,684
$454,300
$14,224
j
$47,627
- _
$106,340
$26,054
$227,939
$1,317,457
1 $138,118
i
$209,499: $21,963
$39,594_
_
$39,594 1
$105,802_
i $11,092
- _
$315,301
$33,055
$53,079
$506,306
$224,019
$730,325
,
$23,485
$76,565
-
$211,522
$95,119
$22,175
$9,972
_
_
$53,267
_
$24,567
_$5,584
$2,576
$8,160
$4,649,825
$487,473
$101,554
$494,397 ! $270,244
Revision: includos al! reduct,ons outlined at tho P104 C-)n-rr Mig & C-xc;-.,,,ies =itjW un -A Ave and -0jerly B&A
PARCEL
LA AVE
LA AVE
LA AVE
PARKLANZ
LAS6EN
STORM DRAIN
STORM DRAIN
STOPM DRAIN
C-.RPNCH
BRANCH
,MAiNLINE A
P,IAINLINE B
MA;NILINE C I STCHMI GRAIN STORM DRAIN
329795
119421
123C95
200292
77427
48
25
-.21
1.8
MACLEOD
j
19
$9,334
S3,225
20
$10,267
I $3,48 5
21
$24,372
58,421
24
$21,520
25
S5.8C6
26
$38.735
31
$3,5267.
------$2 . .457
32
$17,786
$6,145
$7,629
SUBTOTAL
$131,348
$23,776 i
$10,653
BIRKENSHAW
35
$8,867
$6.128
$7,606
$18,655
$8,722
36
$30,490
$21,070
S26.155
e64,146
$29,991
SUBTOTAL
$39,358
$27,198
$33,761
$132,800
$38,714
VENTURA PACIFIC CAPITAL
37
$551847
i $38,593
$47,907
$1117,492
GISLER
42
$20.794
SUBTOTAL
$26,764
IKSA%-LIBERTY IDEV.
2
SUBTOTAL
OJENA
4
FITCH
5
GILBERT
6
7
SUBTO TAL
-rut.
$247,346
389,566
592,321
$203,292_1
$38,714
PCC
$62.449
$29.355
$30,774 l
-
$38,714
TOTAL
$329,795
S119,421
$123,095
$200,292 1
$77,427
-
r- >, 2
Revision: Incijdes ad reductions o:.!fneci at vie P* Corrm M19 & exclAes RUIN cn �A AiA ar'd _;belly Be I
�2
PARCEL
MACLEOD LIBERTY
BELL
LIB =RTY BELL_
LA AV E
LAAVE
BRANCH
NCRTIiOF
SOW H:JF
SiGNALS
SIGfvALS
STCRM DRAIN I
LA AVF
'.A.AVE
PARK :A, %F_. -LIBERTY BELU
191296
-
138007
-
146760 !
--
260472
260472
8
23
I 7840
8548
11431
PYACI EOD
_
19
_...S40,605 .
510,634
-
$6.£;38 �
..
$13,340
20
544,666
- $11,698 1
--
$7,522 '
_
S16,874
21
$106,025
527.767
$53.565
513,351
24
-- � -- -
25
f
$5,122
t. --
26
- - - -
$34.16_5
31
$4,017
- $21 ,204
32
$20,264
!
S62.706
_
SUBTOTAL
5191,296
S74,380
$107,212
$129,475
BIRKENSHAW
- -- -
35
i
- - - --
-- -
SUBTOTAL
VENTURA PACIFIC CAPITAL
Y
37
_
$63,627
$88,260
S65,997
GISLER
- - - -
- -
--
SUBTOTAL
i
IKSAN- LIBERTY DF.V.
S75,851
2
r 517,578
SUBTOTAL
S93,428
- ._'...
CJENA
`
1
4
519,131
-
FITCH
GILBER"
i
6
I
- -
521,958
I
7
_
SUBTOOTAL
�f�
_$12,242
_ 534,200
i
_
���_
$191-,296
- -
- $138,007
-
I _ S14o,760
-
5195.472
5195,472
_
POC
_
565,000 I
$65.000 f J
TOTAL
- S191,296
- $138,007
$146,760
$260,472
$260,472 1
Red':sson: Includes all redL,olions outi:n,ed at ?he Nw Corm Mt,:i & ex: u.es RCIN on '�A A,e and 1-Gert! 3 9 ( 3
PARCEL
'-1 AVE -
LA AVE 7
'-A AVE
F.ARKLANE
LASSEN
SOUTHSOE NOR IHSIDE
Giti R _
5 'EE, -
ST_REtf
NIPROVEr.4EN T N1PR0'VEMENT
454071 I
'9'029.
-
140100 1
-
308221
333172
-
600
1130
471
15055
11536
MACLEOD
-
—
9
86,122
$8,E36
20
S5.734
S9,500
21
- - -
-
- Sa7,954. _..
867,649
24
$21,670
$30,571
25
-
-
-
$4,586
- -
$6.469
26
- -. i
_
$30,586
$43,148
31
- .
$27,p48
-
-
- - - -- - --
- -- i
32
_
$80.300 i
�
SUBTOTAL
S107,348
$117,651.
$165,973
BIRKENSHAW
35
36
--
- -
$72,050
- - --
SUBTOTAL
$72,050
VENTURA PACIFIC CAPITAL
!
-
37
$83,681
$118,520
S167,199�
!
I
GISLE R
I
42
S140".00
SUBTOTAL
S140,100
IKSAN - LIBERTY DEV.
1
$159,991
2
$72,723
I
SUBTOTAL
$232,714 !
1
OJENA
4
$ i3 '305
- _...
FITCH
5
$43.C52
-
-
- -
GILBERT
7
SUBTOTAL
_
t
sC� S
$349,071 I
S'91,p23
5140,100
- $308,221
5333.172,
ACC
$11 5,000 '
TOTAL
_ -
S464,071
_
$191,029 _
$140,100
_ $308,221
_
$333,1721
�X Z-
Rev ,,ion: I, C'udes all reduC'ions outlined at the 'VV COMM Wg R excludes
Rub,' 0" -A Ad6 a Id L betty Dill
PARCEL
WATER IMPROV. UTILITY IMPROV.
UTI_1TY
TOTAL _
APPROX.
LL's AVE, PARK LN; LA AVE, PARK I. '4
FEES !
-
ANAL PYM'T
AND IASSE'J
AND LASSEN
- 01554
494397 I
270244
3889353 --
2
- 42 .
��
27
i
- -- .. j
l
210 .
MACLEOD
--
19
S4,3_54
.
S160.957
$16,874
20
$4,790 -
_S38,096
S41,905
_$17,/73
$19.550
$177,352 !
$18,_562
21
37
$11,370
$991472
S�6,407
$506,351 I
S53,084
24
-
$10,039:
--
_
- .
$83,800
$8,785
25
_ $2,709
_._ ..
S24_,695
$2,589
26
$18,071
$164,705 :
- $17,267_
31
51,645
- c14,392
- $6,714 --
-- $64.008 L S8,807
32
_
$8,298
$72.5?3
'33,867
-
$309.587
$32456 6
,
- -.
I
- -i-
-.
-__
SUBTOTAL
S61,276
$266,458
$124,310
$1,511,155
$158,425
&RKE.%SHAW
35
$49,978
$5.2391
36
S14,224
i
$258,127
$27,061
SUBTOTAL
$14,224
'
S308,104
432,301
VENTURA PACIFIC CAPITAL
'
37
$26,054
$227,939
S106;340
$1,207,456
S'26.586
GISLER
l
42
;
$39.594
$200,487
$21,018
SUBTOTAL
S39,594
$200,487.
S21018
IKSAN -LIBEi I Y DEV.
1
S235,842
$24,725
2
$90.301
$9,467
SUBTOTAL
f
+ I
S326,142
$34,192
OJENA
I
4
$921436
$9,691
H I CH
5
I
I
-
$43,0. 52
-
$4,5i 3
_. __. .
1
GILBERT
6
_
l I
$21,958
$2,302
7
__. -
--
$12.242
_
$1,283 i
SUBTOTAL
$34,200
S3,585
*rw, s /,
$101,554
- $494,397
- $270.244_
AOC
_ I.
- -
$426,791 i
TOTAL
$101 -,554
$494,397
$270,244
$4,149,825 '
$435,054
Exhibit 3
Benefit Spread Comparison
The following compares the total assessment for each property
identified in...
• Exhibit l: All costs; and,
• Exhibit 2: Assessments reduced by deletion of right —of —way
cost and City contribution (L A AOC) toward
construction costs.
knrt4
Total Assessment
Total Assessment
without Right -of Way
with All Costs
and AOC Contribution
Auount of
Per Cent
Property Owner
(Exhibit 1)
(Exhibit 2)
Change
Change
McCloud
1,447,967
1,511,155
63,188
+ 4.3%
Ventura Pacific
1,317,457
1,207,456
(110,001)
- 8.3%
Birkenshaw
454,300
308,104
(146,196)
- 32.2%
Gisler
315,301
200,487
(114,814)
- 36.4
Iksan
Parcel #1
506,306
235,842
(270,464)
- 53.4%
Parcel 12
224,019
90,301
(133,718)
- 59.7%
Ojena
211,522
92,436
(119,086)
- 56.3%
Fitch
95,119
43,052
(52,067)
- 54.7%
Gilbert
77,834
34,200
(43,634)
- 56.1%
knrt4
To: Lillian Hare, City Clerk From: Maryann L. Goodkind, Esq. 12 -28 -92 3:59pm p. 3 of 3
39933.1
B. January 20, 1993
1. The Mayor makes the following opening remarks:
"This is the time and place for the second of two public hearings concerning
the City of Moorpark Assessment District No. 92 -1 (Mission Bell Plaza) (the
"District "). These hearings are to inquire into the formation of the District, the levy
of assessments in the District, the proposed improvements to be made and the City's
intent to issue limited obligation bonds to be secured by the assessments in the
District".
"Notice of these public hearings was mailed to all legal owners of the property
within the proposed District and published in the Moorpark News -Minor as required
by law and as evidenced by an affidavit on file with the City Clerk."
"Before I formally open the hearing, are there any property owners in the
District who wish to file written protests? If so, they must be filed with the City
Clerk at this time ".
[Pause to see if there are any protests.]
"The hearing is now officially open. We will first have presentations by staff
and the consultants about the District. After that, we will receive comments and
questions and any oral protests from any interested persons. When all comments have
been received the hearing will be closed."
2. Staff and consultants make presentations.
3. Time for comments, questions and protests from audience.
4. Close hearing.
5. The City Council may then ask questions and discuss the District.
6. When discussion is through, the Mayor declares the public hearing to be closed.
7. Discussion and vote on agenda items.
End of Item.
DEC 2e '92 17 :03 BW8S LOS ANGELES PAGE.003
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
OFFICE OF THE CITY CLERK
TO: THE HONORABLE CITY COUNCIL
FROM: Lillian Hare, City Clerk
DATE: January 15, 1993
SUBJECT: AGENDA PACKET FOR THE JANUARY 20, 1993 CITY COUNCIL
MEETING.
Please be advised of the following with regard to the agenda packet
for the January 20, 1993 City Council meeting:
S.H. Consider Bids for the Construction of Landscaping
Improvements at Arroyo Vista Community Park.
The staff recommendation on the agenda report for this
item changed do to information which was received after
the printing of the agenda cover sheet. Staff intends to
request this item be pulled from the Consent Calendar.
9.A. Consider Assessment District No. 92 -1 (Mission Bell
Plaza) for Infrastructure Improvements.
The Council has been provided two reports related to this
item in the agenda packet; a third report from the
attorneys will be provided to the Council on Tuesday.
9.F. Consider Revisions to the City's Zoning Ordinance.
Nothing new has been provided for this continued item.
PAUL W. LAWRASON JR. SCOTT MONTGOMERY PATRICK HUNTER BERNARDO M. PEREZ JOHN E. WOZNIAK
Mayor Mayor Pro Tom Councilmember Councilmember Coundlmember
Pnnted on PecydW Paper
IS, / (,)
STAFF REPORT
January 20, 1993
TO: Honorable Mayor and Members of the City Council
SUBJECT: City of Moorpark Assessment District No. 92 -1 (Mission Bell Plaza)
RECOMMENDATION:
Adopt Resolution No. 93 -_, Passing on Protests, Approving the Final Engineer's
Report for the City of Moorpark Assessment District No. 92 -1 (Mission Bell Plaza), Confirming
the Assessments, Ordering the Improvements and Other Actions Related Thereto.
BACKGROUND:
On approximately August 10, 1992, the City of Moorpark (the "City ") received petitions
from certain property owners requesting that the City form an assessment district, issue
assessment bonds and levy special assessments against an area of land including their properties
in order to finance improvements to the specified area of land.
On August 19, 1992, the City adopted Resolution No. 92 -880 declaring its intention to
order the creation for Moorpark Assessment District No. 92 -1 (Mission Bell Plaza) (the
"District "), issue bonds and levy assessments.
On November 18, 1992, the City adopted Resolution No. 92 -896 preliminarily approving
the Engineer's Report (the "Report") and setting a public hearing on the Report, the proposed
assessment district, proposed improvements, and the proposed assessment levy. Notice was
properly given that two public hearings would be conducted regarding the District.
The first public hearing was conducted on January 6, 1993, at which time several
property owners within the proposed District protested various aspects of the levy of assessment
or their inclusion in the District. In response to such concerns, the Moorpark Public Works
Committee conducted a meeting on January 13, 1993, to discuss those public concerns and to
explore several options. A separate report has been prepared addressing this matter.
It is now appropriate for the City to conduct its second public hearing regarding the
District. At the close of the second public hearing, the City should consider the matters
described herein and the adoption of the above - reference Resolution.
ATTACHMENTS:
1. Resolution No. 93
2. Final Engineer's Report; and
3. Proposed Script.
42605.1
RESOLUTION NO. 93-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MOORPARK, CALIFORNIA PASSING ON
PROTESTS, APPROVING THE FINAL ENGINEER'S
REPORT FOR THE CITY OF MOORPARK
ASSESSMENT DISTRICT NO. 92 -1 (1VIISSION BELL
PLAZA), CONFIRMING THE ASSESSMENTS,
ORDERING THE IMPROVEMENTS AND OTHER
ACTIONS RELATED THERETO
WHEREAS, the City Council of the City of Moorpark, California (the "City
Council "), on August 19, 1992, adopted its Resolution No. 92 -880 (the "Resolution of
Intention ") stating its intention to form a special assessment district under and pursuant
to the Municipal Improvement Act of 1913 (the "Improvement Act "), being Division 12
of the California Streets and Highways Code, and to issue bonds related thereto under
and pursuant to the Improvement Bond Act of 1915 (the "Bond Act "), being Division 10,
including Part 10.7 of the California Streets and Highways Code, for the financing,
acquisition, construction and installation of certain public improvements, the special
assessment district to be known as "City of Moorpark Assessment District No. 92 -1
(Mission Bell Plaza)" (the "District "); and
WHEREAS, pursuant to the Resolution of Intention, a report (the "Engineer's
Report") containing plans and specifications, an estimate of costs of the work and
improvements, a diagram, the proposed assessments according to benefit and other
information called for by law and as required by Section 10204 of the Improvement Act
and Part 7.5 of Division 4 of the California Streets and Highways Code (commencing
with Section 2960), was duly made and filed with the City Clerk of the City of
Moorpark, California, (the "City "), and presented to the City Council, and is
incorporated herein by reference; and
WHEREAS, the City Council, on November 18, 1992, adopted Resolution
No. 92 -896, whereby the City Council duly considered the Engineer's Report, found that
the Engineer's Report was done in the form and manner required by law, preliminarily
approved the Engineer's Report, declared that the Engineer's Report should stand as the
report for the purpose of all subsequent proceedings under the Improvement Act and
called for a public hearing to be held on the proposed District, the proposed work and
improvements, the proposed assessments, the Engineer's Report and the City Council's
intent to issue limited obligation bonds; and
WHEREAS, in accordance with the Improvement Act, notice of two (2) public
hearings to be held on January 6, 1993 and January 20, 1993, was duly given by mail
to each property owner within the District, and by publication in the Moorpark News
Mirror on November and , in the form and manner provided by law
and as evidenced by affidavits on file with the transcript of these proceedings; and
WHEREAS, on January 6, 1993 and January 20, 1993, the City Council
conducted the public hearings concerning the proposed District, the proposed work and
improvements, the proposed assessments, the Engineer's Report and the City Council's
intent to issue limited obligation bonds; and
WHEREAS, at the time set for the public hearings, certain owners of property
liable to be assessed for the work and improvements filed written protests or objections
and delivered the same to the City Clerk not later than the times set for the hearing of
such objections; and
WHEREAS, at the public hearings, all persons desiring to be heard on all matters
pertaining to the proposed District, the proposed work and improvements, the proposed
assessments, the Engineer's Report and the City Council's intent to issue limited
obligation bonds; and were heard and fully considered, and all matters as to the method
and formula of the assessment spread and the determination as to whether or not the
properties did receive a benefit and whether the assessments were apportioned in
accordance to benefit were heard and fully considered; and
WHEREAS, at the conclusion of the January 20, 1993 public hearing, the owners
of at least one -half (' /z) of the area of the land proposed to be assessed did not file
written protests, and the City Council considered overruled all other protests; and
WHEREAS, the Engineer's Report states that the total amount of the principal
sum of all unpaid special assessments levied against the parcels proposed to be assessed,
plus the principal amount of the special assessment proposed to be levied in the instant
proceedings, does not exceed one -half ('/z) of the total value of the parcels proposed to
be assessed; and
WHEREAS, an initial environmental study has been completed for the District
in compliance with the California Environmental Quality Act of 1970 (commencing with
California Public Resources Code Section 21000) ( "CEQA ") and the City's CEQA
Guidelines, which indicates that the project does not have a significant effect on the
environment and that approval of a Negative Declaration would be appropriate; and
-2-
WHEREAS, in accordance with the Improvement Act, the City duly advertised
for sealed proposals and bids for a portion of the work and improvements related to the
District in the on November _, _ and ,, and on December 28,
1992 the City duly and publicly opened and examined all sealed proposals and bids
received for doing such work and improvements;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE, DETERMINE AND DECLARE THAT:
Section 1 The above recitals are all true and correct.
Section 2 All protests and objections of every kind and nature be were
considered, and the same hereby are, overruled and denied, and it is further determined
that said protests and objections are made by owners of less than one -half (1/2) of the
area of property to be assessed within the District.
Section 3. All properties within the District receive a local and direct benefit
from the work and improvements as proposed and all assessable costs and expenses have
been apportioned and spread over the properties within the boundaries of the District in
direct proportion to the benefits received thereby.
Section 4, The final Engineer's Report, as now submitted to the City
Council, and with such modifications and amendments, if any, as directed by the City
Council upon the close of the public hearings (the "Final Engineer's Report"), is hereby
incorporated by reference and made a part of the record. Such final Engineer's Report
shall stand as the report for the purpose of all subsequent proceedings for the District and
shall govern all details thereof.
Section 5. The Final Engineer's Report is hereby confirmed and approved.
The assessments of the costs and expenses of the work and improvements contained in
the Final Engineer's Report are hereby confirmed and approved and such assessments are
hereby levied upon the respective parcels of land as set forth in the Final Engineer's
Report. The diagram (the "Diagram ") for the District as presented to the City Council
in the Final Engineer's Report is hereby confirmed and approved and the District is
hereby formed.
Section 6. The public interest and convenience require the work to be done
and the improvements to be constructed, and, therefore, it is hereby ordered that the
work be done and the improvements be constructed in accordance with the Resolution
of Intention and the Final Engineer's Report for the District.
Section 7. This Resolution shall be final as to all persons and the assessments
is hereby levied upon the respective parcels of land in the District according to the Final
Engineer's Report.
-3-
Section 8. The total amount of the principal sum of all unpaid special
assessments levied against the parcels proposed to be assessed, plus the principal amount
of the special assessment proposed to be levied in the instant proceedings, does not
exceed one -half ('/z) of the total value of the parcels proposed to be assessed, and this
finding shall be final and conclusive.
Section 9 The City Clerk shall forthwith deliver to the Superintendent of
Streets the assessments, together with the Diagram attached thereto and made a part
thereof, as confirmed, with the certificate of the City Clerk of such confirmation attached
and the date thereof; and the Superintendent of Streets shall immediately record the
Diagram and assessments in his office in a book suitable for such purpose and attach
thereto his certificate of the date of such recording.
Section 10. The City Clerk shall file a copy of the Diagram in the office of
the County Recorder of the County of Ventura (the "County ") and cause to be paid the
filing fee therefor.
Section 11. The City Clerk shall execute and record a Notice of Assessment
in the office of the County Recorder of the County.
Section 12. Upon the recording of the Diagram and the Notice of Assessment,
the City Clerk shall mail to each owner of property within the District at his or her last
known address as the same appears on the tax rolls of the County or on file in the office
of the City Clerk, a statement containing a designation by street number or other
description of the property assessed sufficient to enable the owner to identify the same,
the amount of the assessment, the time and place of the payment thereof, the effect of
failure to pay within such time, and a statement of the fact that bonds will be issued on
the unpaid assessments pursuant to the Bond Act.
Section 13. The City Clerk shall publish once a week for two (2) consecutive
weeks in a newspaper of general circulation a Notice of Recordation of Assessment.
Section 14. The City Council shall deposit all funds collected during the 30-
day cash collection period in the District Improvement Fund (the "Improvement Fund ")
established by the Resolution of Intention.
Section 15. The City Council has considered the Negative Declaration
prepared for the District which is on file with the City Clerk and finds, on the basis of
the initial study attached thereto, that there is no substantial evidence that the project will
not have a significant effect on the environment. The Negative Declaration respecting
the District is hereby approved and the City Clerk shall record the Notice of
Determination in the office of the County Recorder.
-4-
Section 16, The City Council publicly opened and examined all sealed
proposals or bids for doing the work described in the Resolution of Intention, and hereby
waives all procedural irregularities, if any, therein. The City Council hereby awards the
contract to the lowest responsible bidder, , pursuant to the bid
submitted for doing the work described in the Resolution of Intention. This award of
contract is made at the price or prices named in the bid and the City Council hereby
rejects all other proposals or bids for the doing of said work. This award of contract is
hereby conditioned upon and made subject to the receipt of moneys and proceeds from
the issuance and sale of bonds. The contractor shall not commence construction or order
equipment until he has received a Notice to Proceed. Any progress payment to the
contractor for work completed may be delayed if moneys have not been received from
the sale of bonds. The Mayor and City Clerk are hereby authorized to execute the
Agreement for the work and improvements relating to the District, and a copy of said
Agreement shall be on file with the transcript of these proceedings. All moneys to pay
for the costs and expenses of the Agreement shall be paid from the funds as deposited
in the Improvement Fund, including any interest earned thereon.
Section 17. The City Clerk shall publish once a week for two (2) consecutive
weeks in a newspaper of general circulation a Notice of Award of Contract for each
contract awarded herein.
Section 18. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
-5-
PASSED, APPROVED AND ADOPTED this day of January, 1993.
ATTEST:
Lillian Hare, City Clerk
(SEAL)
in
Mayor
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Cheryl J. Kane, City Attorney
CITY OF MOORPARK
c/o Burke, Williams & Sorensen
611 West Sixth Street, Suite 2500
Los Angeles, California 90017
NOTICE OF ASSESSMENT
Pursuant to the requirements of California Streets and Highways Code Section
3114, the undersigned City Clerk of the City of Moorpark, California (the "City "), with
reference to the City's City of Moorpark Assessment District No. 92 -1 (Mission Bell
Plaza) (the "District "), hereby gives notice that a diagram and assessment were recorded
in the office of the Superintendent of Streets of the District as provided for in said
section, and relating to the following described real property:
The real property within the boundaries of the District as
shown on that certain assessment diagram filed on
, 1993, as Instrument No. 93 -_, in Book
of Maps of Assessment and Community Facilities
Districts at Pages , in the Office of the Ventura
County Recorder.
Notice is further given that upon the recording of this Notice of Assessment in
the Office of the Ventura County Recorder, the several assessments assessed on the lots,
pieces, and parcels shown on said filed assessment diagram shall become a lien upon the
lots or portions of lots assessed, respectively.
Reference is made to the assessment diagram and assessment roll recorded in the
office of the Superintendent of Streets of the District.
Attached hereto and incorporated herein is a list showing the names of assessed
owners as they appear on the latest secured assessment roll, pursuant to California
Government Code Section 27288.1.
DATED: . 1993
Lillian Hare, City Clerk
STATE OF CALIFORNIA
COUNTY OF
On
beforeme,
personally known to me (or provide to me the basis of satisfactory evidence) to be the
person whose name is subscribed to the within instrument and acknowledged to me that
she executed the same in her authorized capacity, and that by her signature on the
instrument the person, or the entity upon behalf of which the persons acted, executed the
instrument.
WITNESS my hand and official seal.
Signature
ATTACHMENT
NOTICE OF RECORDATION OF ASSESSMENT AND DIAGRAM
STATEMENT OF ASSESSMENT
CITY OF MOORPARK ASSESSMENT DISTRICT NO. 92 -1
(MISSION BELL PLAZA)
NOTICE IS HEREBY GIVEN to all owners of real property liable to be assessed
to pay the costs and expenses of the improvements to be financed under proceedings
conducted by the City Council of the City of Moorpark, California, pursuant to the terms
and provisions of the "Municipal Improvement Act of 1913 ", being California Streets and
Highways Code Section 10000 9 esq., for a special assessment district known and
designated as City of Moorpark Assessment District No. 92 -1 (Mission Bell Plaza) (the
"District ").
The total cost of the improvement for the District is estimated to be $5,610,000.
Land owned by you, or in which you have an interest, is within the boundary of lands
to be assessed to pay all or a portion of the cost of the improvement.
You are hereby notified that on ' 1993, the Assessment and
Diagram to pay the costs and expenses of the above - referenced improvements were
recorded in the office of the Superintendent of Streets of the District.
The amounts set out in such Assessment and Diagram are due and payable
immediately to City of Moorpark Assessment District No. 92 -1 (Mission Bell Plaza) and
must be sent to: Richard Hare, Director of Finance, City of Moorpark, 799 Moorpark
Avenue, Moorpark, California 93021. The assessment may be paid in whole or in part
during the thirty (30) day period which expires on , 1993.
You have the option to pay the assessment in the cash amount set forth in the
attached Statement of Assessment (the "Statement ") during the thirty (30) day cash
collection period (the "Thirty Day Cash Payment Amount ") which expires on
, 1993, or wait until after , 1993, at which time
bonds will be issued pursuant to the "Improvement Bond Act of 1915" being California
Streets and Highways Code Section 8500 et seq., and pay a larger sum, as set forth in
the Statement (the "Assessment Confirmed and Recorded "), over a _-year period with
interest . If the assessment is not paid within the thirty (30) day cash collection period,
the amount of the Assessment Confirmed and Recorded, as set forth in the Statement,
will become a lien against the assessed property and will be collected in equal semi-
annual amounts on the property tax bill, and will be subject to the same penalties for
non - payment as property taxes.
NOTICE: After bonds have been issued, the owner of assessed land, except land which
has been ordered to judicial foreclosure pursuant to California Streets and
Highways Code Section 8830, may prepay the assessment and remove the
assessment lien on their property by paying to the City of Moorpark Director
of Finance the following sums:
(a) The amount of any delinquent installments of principal and interest,
together with penalties accrued to the date of prepayment.
(b) The unpaid, nondelinquent principal of the assessment, including
principal posted to the tax roll for the current fiscal year but not yet
paid.
(c) An allowance for redemption premium, calculated by multiplying the
amount of the unmatured principal by the redemption premium
percentage stated in the bonds. Unmatured principal excludes principal
due during the fiscal year of prepayment.
(d) A reasonable fee, fixed by the Director of Finance, for the cost of
administering the prepayment and the advance redemption of bonds.
(e) Interest accrued to the next call date of the bonds. The next call date is
the next bond interest payment date which is not less than ninety (90)
days after the date of prepayment. Credit shall be given, or a refund
provided, for installments of interest posted to the current tax roll and
actually paid.
(f) A credit for the reserve fund calculated pursuant to California Streets and
Highways Code Section 8881.
IF IT IS DESIRED THAT YOUR ASSESSMENT BE COLLECTED AS PART OF THE
ANNUAL COUNTY TAX BILL, NO ACTION OF PAYMENT IS NECESSARY AT
THIS TIME.
DATED: 11993.
SUPERINTENDENT OF STREETS
CITY OF MOORPARK, CALIFORNIA
PLEASE VERIFY THE FOLLOWING INFORMATION RELATING TO YOUR
PARCEL OF PROPERTY BEFORE MAKING PAYMENT:
1) ASSESSMENT NUMBER
2) PROPERTY DESCRIPTION
3) FINAL ASSESSMENT
4) 30-DAY CASH PAYOFF FIGURE
NOTE THAT IF YOU PAY YOUR ASSESSMENT WITHIN THE 30 -DAY PERIOD,
AS SET FORTH ABOVE, YOU WILL BE ABLE TO DEDUCT THE FINANCING
COSTS FROM YOUR PAYMENT.
CITY OF MOORPARK
MOORPARK ASSESSMENT DISTRICT NO. 92 -1
(MISSION BELL PLAZA)
STATEMENT OF ASSESSMENT
THIRTY DAY
ASSESSOR'S ASSESSMENT CASH
ASSESSMENT PARCEL CONFIRMED PAYMENT
NUMBER NUMBER AND RECORDED AMOUNT
ESTIMATED"
ANNUAL
PAYMENT
THE THIRTY -DAY CASH PAYMENT AMOUNT REFLECTS AN %
REDUCTION IN THE ASSESSMENT DUE TO FINANCING COSTS. IF
YOU CHOSE TO PAY JUST A PORTION OF YOUR ASSESSMENT
YOU MAY DEDUCT _% FROM THE APPLICABLE PORTION OF
YOUR ASSESSMENT AMOUNT.
YOU SHOULD VERIFY AND CHECK THE OWNERSHIP OF YOUR
PROPERTY BEFORE YOU PAY THIS ASSESSMENT, WHICH IS
PAYABLE TO CITY OF MOORPARK ASSESSMENT DISTRICT NO. 92-
1 (MISSION BELL PLAZA) AND SHOULD BE SENT TO RICHARD
HARE, DIRECTOR OF FINANCE, CITY OF MOORPARK, 799
MOORPARK AVENUE, MOORPARK, CALIFORNIA 93021.
PLEASE RETURN ONE OF THE COPIES OF THIS ATTACHMENT
ENCLOSED HEREIN WITH YOUR REMITTANCE.
For additional information, contact Kenneth Gilbert, Superintendent of Streets at
(805) 529 -6864.
January _, 1993
Estimated annual payment amount is based on an assumed bond interest rate of _%. If the
actual bond interest rate is higher or lower, such amount will be adjusted accordingly.
January _, 1993
SUBJECT: CITY OF MOORPARK ASSESSMENT DISTRICT NO. 92 -1 (MISSION
BELL PLAZA)
DEAR PROPERTY OWNER:
Enclosed herein find your statement and final assessment amount as confirmed for the
above - referenced Assessment District.
Please note that if you wish, you can totally discharge or make a partial payment against
your assessment for a period of thirty (30) days and thus avoid any interest, redemption
costs or financing charges. This period expires on , 1993.
Also note that if you pay your assessment or any portion thereof within the thirty (30)
day period, you may deduct _% to represent the financing costs. Please return one of
the copies of the Statement of Assessment enclosed herein with your remittance.
You should verify and check the ownership of your property before you pay this
assessment. Payment of the assessment should be made payable to City of Moorpark
Assessment District No. 92 -1 (Mission Bell Plaza) and should be sent to Richard Hare,
Director of Finance, City of Moorpark, 799 Moorpark Avenue, Moorpark, California
93021.
If you do nothing, the unpaid balance will automatically go to bond and you will be
billed semi - annually on your property tax bill, for your principal and interest payments
when due.
If you have any questions, please feel free to call me at (805) 529 -6864.
Very Truly Yours,
KENNETH C. GILBERT
Superintendent of Streets
City of Moorpark
AFFIDAVIT OF MAILING
NOTICE OF RECORDATION OF
CITY OF MOORPARK ASSESSMENT DISTRICT NO. 92 -1
(NIISSION BELL PLAZA)
STATE OF CALIFORNIA )
ss.
COUNTY OF VENTURA )
Lillian Hare, being first duly sworn, deposes and says:
That I am now, and at all times herein mentioned was, the duly appointed City
Clerk of the City of Moorpark, Ventura County, State of California;
That on the day of , 1993, I caused a Notice of Recordation of
Assessment (the "Notice ") for the proposed improvement in the City of Moorpark
Assessment District No. 92 -1 (Mission Bell Plaza) (the "District "), as set forth in the
Notice, to be mailed to each property owner in the District, as shown on Ventura
County's last equalized assessment roll, and to any person, whether owner in fee or
having a lien upon or equitable interest in any land within the District, whose name and
address and a designation of the land in which he is interested is on file in the office of
the City Clerk, by placing the Notice, a true copy of which is attached hereto and, by
reference, made a part hereof, in an envelope addressed to each of the persons at the
address shown on the assessment roll and as on file in the office of the City Clerk and
by then sealing the envelope and depositing it, with postage thereon fully prepaid, in the
United States Post Office at Moorpark, California; that there is a delivery service by
United States mail at the place so addressed and there is a regular communication by mail
between the place of mailing and the place so addressed.
City Clerk
Subscribed and sworn to before me
this _ day of , 1993.
Notary Public in and for the County of
Ventura, State of California.
My Commission Expires:
(Seal)
CERTIFICATE OF COMPLIANCE
WITH NOTICE REQUIREMENTS
CITY OF MOORPARK ASSESSMENT DISTRICT NO. 92 -1
(1VIISSION BELL PLAZA)
STATE OF CALIFORNIA )
ss.
COUNTY OF VENTURA )
Lillian Hare, under penalty of perjury, certifies as follows:
I am presently, and I was at all times mentioned, the duly appointed and acting
City Clerk of the City of Moorpark, and, as such, accomplished the notice requirements
in connection with the above - referenced assessment district, as noted:
RECORDATION
The original of the ASSESSMENT ROLL AND DIAGRAM was recorded in the
Office of the Superintendent of Streets on the day of , 1993.
A copy of the ASSESSMENT DIAGRAM was filed in the Office of the Ventura
County Recorder, in Assessment District Maps Book , Page , on the
day of , 1993.
The original of the NOTICE OF ASSESSMENT was recorded in the Office of the
Ventura County Recorder, as Instrument No. , on the _ day of ,
1993.
A copy of the NOTICE OF RECORDATION OF ASSESSMENT was mailed to
all property owners assessed in the form attached and as set out in California Streets and
Highways Code Section 10404 on the day of , 1993.
Executed this day of , 1993 at Moorpark, California.
Lillian Hare, City Clerk
m;
1 3-5, / (�)
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
M E M O R A N D U M
TO: The Honorable City Council
FROM: Jaime R. Aguilera, Director of Community Development`��
Kathleen Mallory Phipps, Associate Planner e'j,,1 f-`
DATE: January 20, 1993 (CC meeting of 1- 20 -93)
SUBJECT: MISSION BELL ASSESSMENT DISTRICT 92 -1 AGENDA ITEM 9A
COMMENTS RECEIVED PERTAINING TO THE ASSESSMENT DISTRICT
NEGATIVE DECLARATION
BACKGROUND:
A Negative Declaration was prepared for the formation of Assessment
District No. 1 (Mission Bell Plaza). The public review period for
the Negative Declaration was from December 15, 1992 to January 17,
1993. The California Environmental Quality Act (CEQA) requires that
the public have the opportunity to review and comment on the
Negative Declaration. The attached comments were received
subsequent to the preparation of the staff report and agenda for
the Council's meeting of January 20, 1993; and thus responses were
unable to be prepared and included within the Council's packet for
the meeting of January 20, 1993.
DISCUSSION•
Staff has received two comment letters pertaining to the formation
of Assessment District No. 1 (Mission Bell Plaza). One letter was
received from Leonard Ojena and Glen Abdun -Nur (received
January 12, 1993) and the other letter was received from the
Department of Transportation (received January 19, 1993).
Letter One:
A letter was received from Leonard Ojena and Glen Abdun -Nur within
the time allocated for public review. The comments within this
letter do not pertain to the adequacy of the Negative Declaration
or environmental issues. Regardless, it is appropriate to respond
to all comments received.
PAUL W. LAW RASON J SCOTT MONTGOMERY PATRICK HUNTER BERNARDO M. PEREZ JOHN E. WOZNIAK
Mayor Mayor Pro Tom Counalmember Counalmember Counalmember
PnrMed on Recycged Pdoer
The Honorable City Council, Assessment District No. 1
January 19, 1993
Page 2
Letter Two:
A letter was received from the Department of Transportation after
the close of the time allocated for public review. Nevertheless, it
is appropriate to respond to all comments received. The letter does
not pertain to the adequacy of the Negative Declaration, and
references environmental procedures not appropriate for the
Assessment District environmental document.
To respond to all comments received, the attached comment letter
will be forwarded to both of the commenting parties.
RECOMMENDATION•
The attached comment letters should be reviewed by the Council and
should be considered as part of the approval of the Negative
Declaration.
Attachments:
1. Response correspondence to comment letters received.
2. Letters received from Leonard Ojena and Glen Abdun -Nur and the
Department of Transportation.
January 21, 1993
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
RESPONDING PARTY
ASSESSMENT DISTRICT NO. 1
(MISSION BELL PLAZA)
Subject: Comments received
review period for
Plaza)
Dear Responding Party:
during the Negative Declaration public
Assessment District No. 1 (Mission Bell
Thank you for taking the time to express your comments pertaining
to the Negative Declaration for Assessment District No. 1 (Mission
Bell Plaza).
The following responses have been prepared to respond to public
comments received by the City related to the Negative Declaration.
Comments received have been numbered (attached); staff's response
to these comments correspond with the number assigned to the
comment.
Responses:
1. Your protest to the formation of the Assessment District has
been noted. However, your comments do not pertain to the
adequacy of the Negative Declaration.
2. Your comments have been noted. However, after review of the
project it was determined that a Negative Declaration would be
the appropriate environmental document. No Draft Environmental
Impact Report has or is expected to be prepared for the
formation of the Assessment District. The proposed project is
the formation of a special assessment district pursuant to the
Municipal Improvement Act of 1913. As such, it would not
result in physical changes to the environment of the proposed
District or surrounding areas. Therefore, it will have no
environmental impact; thus no environmental impact report is
warranted for this project.
PAUL W. LAWRASON JR, SCOTT MONTGOMERY PATRICK HUNTER BERNARDO M. PEREZ JOHN E. WOZNIAK
Mayor Mayor Pro Tom Counalmember Counalmember Counalmember
PnMed an Aecyded Paper
Responding Party, Assessment District No. 1
January 20, 1993
Page 2
Should you have any comments, please feel free to contact me at
(805) 529 -6864.
Sincerely,
Jaime R. Aguilera
Director of Community Development
JRA:KMP
Attachments:
Comments received
cc: Kathleen Mallory Phipps, Associate Planner
Assessment District Case file
1/11/93
From: Glen Abdun -Nur, Leonard Ojena
11224 Bertrand Ave.
Granada Hills, CA 91344
To: City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
Please add this letter of protest, to the formation of assessment district
No. 92 -1. (Mission Bell Plaza), to your files. Leonard Ojena and Glen Abdun -Nur
as owners of the property at 538 Los Angeles Ave., Moorpark, CA. (assessor's
Parcel No.: 506 -05 -4) consider the proposed assessment District to be illegal by
virtue of its confiscatory effect upon our property. The financial burden that
would be placed upon us would be excessive in the extreme. We do want to see
this development carried forward, and we would cooperate fully if an equatable
agreement can be reached, considering the small size of our property and the
inordinately excessive financial burden about to be placed upon it. Perhaps
the developers, who are going to immediately and directly benifit from this
improvement should pick up a larger protion of the improvement costs, and the
L.A. Ave. Development Fund, which has been assessed on developers for years,
could and should be used to help offset these costs.
Sincerely,
Glen Abdun Nvr
Leonard Ojena
RECEIVED JAN 1 1993
City of MoorparN
STATE OF CALIFORNIA — BUSINESS AND TRANSPORTATION AGENCY PETE WILSON, Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 7, 120 SO. SPRING ST.
LOS ANGELES, CA 90012
(213) 897 -3656
Ms. Kathleen Mallory
Community Development
799 Moorpark Avenue
Moorpark, CA. 93021
January 11, 1993
Phipps
Department
CITY OF MOORPARK
IGR /CEQA /NEG.DEC.
ASSESSMENT DISTRICT NUMBER
92 -1 (MISSION BELL PLAZA)
Vic VEN- 118- R17.00- R17.33
Vic VEN- 23- R12.90- R13.28
SCH # 92121035
Dear Ms. Phipps:
��• Thank you for including the California Department of
Transportation (Caltrans) in the environmental review process
for the above - referenced document. Based on the information
received, we have the following comments:
We concur with and approve of the implementation of this
Assessment District Plan for the Mission Bell Plaza project.
We also advocate that developer contributions or mitigation
impact fees collected through this Assessment District will
continue to be used as partial funding for future State
transportation facilities improvements.
We look forward to reviewing the DEIR. We expect to
receive a copy from the State Clearinghouse. However, to
expedite the review process, you may send two copies in
advance to the undersigned at the following address:
Wilford Melton, Senior Planner
District 7 IGR \CEQA Coordinator
Advance Planning Branch 4 -11G
120 So. Spring Street
Los Angeles, CA. 90012
If you have any questions regarding this response, please
call me at (213) 897 -1338.
cc: State Clearinghouse
Sincerely,
Tr A*r"'
WILFORD ELTON
Senior Transp. Planner
IGR /CEQA Coordinator
Advance Planning Branch
M
"'- RECEIVED —
ab/12058 .LAN 19 1993
City of MoorNGrP