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HomeMy WebLinkAboutAGENDA REPORT 1998 0121 CC REG ITEM 11GAGENDA REPORT C 2 TY OF MOORPARK TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public DATE: January 9, 1999 (CC Meeting 1- 21 -98) ITEM I l o Cr e ' CrN OF MOORPARK, CALIFORNIA City Council Meeting A,D o u marks _— SUBJECT: Consider 1) Selection of a Consultant to Perform Certain Assessment Engineering Services; and, 2) Adoption of a Resolution Initiating the Proceedings Related to the Levy of Assessments for AD 84 -2 for Fiscal Year 1998/99 EXECUTIVE SUMMARY This report requests consideration of the selection of the consultant to provide certain Assessment Engineering services required to consider extension of Assessment District 84 -2 (street lighting and parkway /median landscaping) for Fiscal Year 1998/99, and the adoption of a Resolution initiating the proceedings required to consider the levy of said assessments. The consultant recommended to provide the required Assessment Engineering Services is the same firm used in prior years. Also, the scope of work and the cost for said services is comparable to costs incurred for such services in prior years. DISCUSSION A. AD 85 -1: Parks Maintenance Assessment District !dl -99 Assessment District 85 -1 (AD 85 -1) was formed in 1985 pursuant to the provisions of the "Landscaping and Lighting Act of 1972." This assessment district was established to allow for the funding of parks maintenance expenses through the levying of assessments as provided for in the act. These costs were spread to all of the lots in the City by means of a formula designed to spread said costs on the basis of benefit. Said assessments were levied each year since the formation of the district, except for FY 1987/88 and FY 1988/89. As you may recall, when the City Council considered the levy of maintenance assessments last Spring, it was mentioned that, do to the passage of Proposition 218, FY 1997/98 would be the last year the AD 85 -1 Parks Maintenance assessments would be levied. Other funding sources would have to be identified. One such source proposed for this funding was a Special Tax set forth in Proposition P. That measure failed at the November election. Staff is looking into other alternatives to deal with this funding shortfall. Unlike prior years, the proposed action does not include initiating assessment proceedings for AD 85 -1. 00011S Initiate Proceedings for Annual Assessments January 21, 1998 Page 2 B. Background In 19841 a Landscaping & Lighting Maintenance Assessment District (AD 84 -2) was created to fund costs associated with street lighting and the maintenance of various landscaped areas in the City. This was a successor to the District enacted by the County of Ventura prior to incorporation. As part of the annual budget process, the City Council considers whether to renew the subject Assessment District and levy assessments for street lighting and landscaping maintenance for the upcoming fiscal year. According to state law, before assessments may be levied, an Engineer's Report must be prepared for each assessment district. The preparation of a report does not require the City to approve the report and levy assessments. The purpose of the report is to develop the information necessary to make that decision. The report sets forth the items proposed to be funded by the district and the methods to be used to distribute the cost for those items to all of the properties in the City. C. Assessment Engineering services The City Engineer Office has submitted a proposal for providing the required assessment engineering services. In past years, these services were provided by Dwight French and Associates (DFA) , a subsidiary firm to Charles Abbott Associates (CAA) , the City's consultant City Engineer. When DFA was absorbed by CAA, the personnel and functions performed by DFA were also assumed by CAA. For these reasons, staff believes that the services to be provided by CAA will be comparable to past services provided by DFA. The proposal submitted by CAA for Assessment Engineering services for FY 1998/99 is attached as Exhibit 1. Said service includes the gathering and analyzing the data required to develop the final report, the preparation of the report, telephone expenses, travel expenses and meeting attendance. Authorized reimbursable expenses include the following: copies of County tapes and /or Assessor's maps, on -line computer services, messenger /express mail, photocopying and public hearing notice sorting and envelope stuffing. [The notices are mailed here in Moorpark, with the City paying for the bulk mailing.] Staff monitors reimbursement expenses to ensure their reasonableness. The fee proposed for the services is $6,600, including for like services approved Districts was $12,700. adl -99 required Assessment Engineering reimbursable expenses. The fee last year for both Assessment 000120 Initiate Proceedings for Annual Assessments January 21, 1998 Page 3 D. Zones of Benefit There are no new Zones of Benef it proposed to be added in FY 1998/99. A summary of the existing Zones of Benefit is as follows: Zone Description 1 Pecan Avenue [T -2851] 2 Steeple Hill Area [T -2865] 3 Buttercreek /Peppermill [T -3032] 4 Williams Ranch Rd [T -3274] 5 Pheasant Run Area [T -3019 & T -3525] 6 Inglewood St. [T -3306] 7 Moorpark Business Park (L. A. Ave & Gabbert) 8 Home Acres Buffer 9 Moorpark Industrial Park (Condor Drive) 10 Mountain Meadows (PC -3) 11 Alyssas Ct. [T -4174] [a] & [b] 12 Carlsberg [a] & [c] 13 Villa Campesina [T -4147] [b] Notes: a Prior Year Zero Assessment b Prop. 218 Ballot Approved c Prop. 218 Ballot Required Prior to Levy E. Continuation of Assessment Districts In accordance with the requirements of applicable sections of the Streets and Highways Code of the State of California, the resolution attached as Exhibit 2 initiates the process required for the City Council to consider continuation of the subject Assessment District. Upon adoption of this resolution, the Assessment Engineer will prepare an Engineer's Report for Assessment District AD 84 -2. The draft Engineer's Report will be considered by the City Council for approval in April. If approved, a public hearing will be scheduled for the first meeting in June to consider the levy of the assessments. F. Assessment Increases Proposition 218 states that, prior to any change to the methodology and /or rates which would result in an increase in the amount of the assessment, ballots must be provided to all affected property owners and at least fifty percent of the ballots received must be in favor of those changes. The City has not changed the methodology or rates used to calculate the assessments for a number of years. In that staff does not intend to propose a change to said methodology or rates in the future, it is not anticipated that it will be necessary to utilize this ballot process to approve future assessments. edl -99 000102011 Initiate Proceedings for Annual Assessments January 21, 1998 Page 4 Even though the methodology and rates are "fixed," the amount of the assessments will still fluctuate. The reasons for this are explained as follows: 1. The term methodology means the formulas used to spread the total assessment to each land use category. This is done by assigning a number to each land use category, or code, representing the relative value received by properties with that land use code. This methodology used has not changed in several years. 2. The term rate refers to the above mentioned number assigned to each land use category. Again, this number represents the relative value received by properties having that land use code. As with the methodology, the rate assigned to each land use code has not change in several years. 3. To determine the amount of the assessment assigned to each land use category in any given year, the total amount being assessed is divided by the sum of all of the rates assigned to all of the properties being assessed that year. This calculation yields a dollar amount per assessment unit. That dollar amount per assessment unit is then multiplied by the rate assigned to a given land use code to yield the assessment amount for that land use code. 4. A change to the number of lots being assessed will result in a change to the amount of the assessment for each land use category. 5. A change to the costs being funded by the assessment will result in a change to the amount of the assessment for each land use category. 6. When and if a given assessor's parcel is split into two or more lots the net number of assessments will be equal to the number of assessor's parcels on that property. 7. When and if the Land Use Code for a given assessor's parcel is changed (presumably due to a change in land use), the assessment for that parcel will change to that called for by the new Land Use Code. 8. Any of the changes described in No. 4 through No. 7 above, which may occur from year to year very likely will result in a change to the amounts of the assessments. However, those changes do not represent a change to the methodology or an increase in the rates which are specified in the Engineer's Report. edl -99 0® ®122 Initiate Proceedings for Annual Assessments January 21, 1998 Page 5 G. Public Meeting & Public ing Hear State law requires that prior to approving an assessment increase, public hearing notices must be mailed to each property being assessed, advising them of the date and time of a public meeting to discuss the proposed assessments, and a public hearing at which the levy of the annual assessments is to be considered. Public Hearing notices must be mailed to all affected property owners at least forty -five (45) days prior to the date of the public hearing. Said notices must also state the estimated amount of the proposed assessments. The mailing of public hearing notices to each property owner is consistent with past City policy to fully advise those affected of proposed assessments. Consistent with that past policy, it is again recommended that such notices be mailed to all owners of property within the City. Said notices would include assessment amounts sufficient to fully fund anticipated costs. Although the amount levied could not exceed the amount stated in the notice, the final assessment amount could be lower, should total costs estimates be reduced or other funding sources authorized. RECOMMENDATIONS Staff recommends that the City Council take the following actions: 1. Authorize the City Engineer to prepare the FY 98/99 Engineer's Reports for AD 84 -2 for a fee not to exceed $6,600 including reimbursable expenses. 2. Adopt Resolution No. 98- (Exhibit 2) authorizing preparation of an Engineer's Report for the Moorpark Lighting and Landscaping Maintenance Assessment District (AD 84 -2) for FY 1998/99. adl -99 0001.23 SENT BY: CHARLES ABBOTT ASSOC; January 13, 1998 1 -13 -98 10:30AM; 3102120817 => 805 529 8270; �X� CHARLES ABBOTT ASSOCIATES, INC. Mr. Ken Gilbert Director of Public Works City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Subject: Assessment District 84 -2 Fiscal Year 1998/99 Dear Mr. Gilbert: Based on our work over the years, Charles Abbott Associates, Inc. (CAA) will be glad to provide engineering services to update the exiting lighting assessment district for fiscal year 1998/99. A schedule of milestone dates and the scope of work items are enclosed. #2 ( ,CT '�) Compensation for the services will be $5,100.00; assuming there are no annexation of new areas nor creation of new zones. Reimbursables such as reproductions, priming of mailing labcls, postage, computer tape file and assessor's maps will be billed at cost plus 15 %. 'J o? —ro T-4 If you need further clarification or information, please do not hesitate to contact me. Sincerely, CHARLES ABBOTT ASSOCIATES, INC. V,60? ow- - Danny Chow Project Manager DC:drb MANAGEMENT AND ENGINEERING PROFESSIONALS :171 Van Ness Wily quite 2110 • Torrance, CA 90501 • (310) 212 -5778 • FAX (310) 212 -0993 - EMAIL INK) 0 caa- UNLINEC:UM Q ficrs in Aleplc Valley, Bt-1 y7aiver, Camarillo, Diamond Bar, Hidden Hills, Laguna Niguel, Mission Viejo, Moorpark, Palos Verdes Eslales, Rancho Palos Verdes, Riverside, Ttventynine Palnas, Yucca Valley and Yucaipa printed on recycled paper JAN 13 198 10:41 3102120817 PAGE.02 SENT BY: CHARLES ABBOTT ASSOC; 1 -13 -98 10:31AM; 3102120817 => 805 529 8270; Lighting Assessment District AD 84 -2 Fiscal year 1998/99 Page Two SCOPE OF WORK 1. Order data base computer tape file and assessor's maps from the County. 2. Research and incorporate changes on parcels. 3. Prepare cost spread based upon the City's preliminary budget. 4. Prepare preliminary engineer's reports. S. Attend public hearing. 6. Make revisions if so ordered by the Council. 7. Prepare cost spread based upon the City's final budget. 8. Prepare final engineer's report. 9. Prepare computer tape file and submit to the County. 10. Receive unmatch list from the County, revise and resubmit. C�)j \ 000125 JAN 13 '98 10:41 3102120817 PAGE.03 #3 Z-C, '3) SENT BY: CHARLES ABBOTT ASSOC; 1 -13 -98 10:31AM; 3102120817 => 805 529 8270; #4 Lighting Assessment District AD 84 -2 Fiscal year 1998/99 Page "Three SCHEDULE OF MILESTONE DATES Task Responsible Date Initiate proceedings, order engineer's report City/Council 1/21/98 Deliver preliminary budget City 2/20/98 Review preliminary engineer's report with City stag CAA/City 3/13198 Delivery preliminary engineer's report CAA 3/20/98 Deliver mailing labels CA 3/20/98 Approval of engineer's report, resolution of intention, Set hearing date for June 3 CAA/City/Council 4/01/98 Publish Public Hearing Notice City 4/03/98 Last day to mail notices and ballots City 4/17/98 Public Meeting City 5/06/98 Public Hearing CAA/City /Council 6/03/98 Resolution confirming assessment CAA /City /Council 6/17/98 Deliver final budget City 6/22/98 Deliver computer tape file to County CAA 7/03/98 Deliver final engineer's report CAA 7/10/98 Receive unmatch list from County, revise and resubmit CAA 8/14/98 000120 JAN 13 '98 10:42 3102120817 PAGE.04 13s.a(ae) Exhibit 2 (1 of 2) RESOLUTION NO. 98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, INITIATING PROCEEDINGS FOR THE LEVYING OF ANNUAL ASSESSMENTS FOR "MOORPARK LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. AD -84 -2" FOR THE FISCAL YEAR COMMENCING JULY 1, 1998, AND ENDING JUNE 30, 1999, AND ORDERING THE PREPARATION AND FILING OF A REPORT RELATING THERETO WHEREAS, pursuant to the provisions of the "Landscaping and Lighting Act of 197211, being Division 15, Part 2 of the Streets and Highways Code of the State of California, 'the City Council of the City of Moorpark, by its Resolution No. 84 -88, adopted May 16, 1984, ordered the formation of the "Moorpark Lighting Maintenance Assessment District No. AD -84 -211; confirmed and levied the assessments approved thereunder for the fiscal year commencing July 1, 1984, and ending June 30, 1985; and has confirmed and levied assessments approved thereunder for each subsequent fiscal year; and, WHEREAS, the City Council of the City of Moorpark proposes to extend the improvements specified in said district for the fiscal year commencing July 1, 1998, and ending June 30, 1999, pursuant to the "Landscaping and Lighting Act of 197211, being Division 15, Part 2 of the Streets and Highways Code of the State of California. NOW, THEREFORE, the City Council of the City of Moorpark, California, does hereby resolve, determine and order as follows: SECTION 1: Pursuant to Section 22585, et seq., of the Streets and Highways Code (the "Landscaping and Lighting Act of 1972 "), it is hereby proposed to extend the annual assessments levied under "Moorpark Lighting and Landscaping Maintenance Assessment District No. AD -84 -2" of the City of Moorpark so as to continue for the fiscal year commencing with July 1, 1998, and ending June 30, 1999, to install, construct or maintain any authorized improvements under the Act, including but not limited to one or more of street lights, public lighting facilities, landscaping, statuary, fountains,a nd other ornamental structures and facilities,a nd any facilities which ar appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof, including irrigation, electric current and energy; and to provide incidental expenses in connection therewith. SECTION 2: The assessments proposed to be levied and collected shall be used for furnishing electric current or energy, or other illuminating agent for street lights, for the usual maintenance and operation of said street lights, for the maintenance of parkway and median landscaping and for other improvements as specified in Section 1 hereinabove. 000127 RESOLUTION NO. 98 - Ex 2 (2 of 2) Page 2 SECTION 3: To ensure that the costs and expenses of maintaining, operating and servicing the street and traffic safety lighting, and the improvements as specified hereinabove, are borne by the owners of the property to be benefitted thereby, this Council resolves that the proposed landscape maintenance assessment district consist of all property within the City. SECTION 4: The distinctive designation for the assessment district to be continued pursuant to this resolution shall be "Moorpark Lighting and Landscaping Maintenance Assessment District No. AD- 84 -2." SECTION 5: The City Manager is directed to cause to be prepared an Engineer's Report, in accordance with Article 4, Chapter 1, Part 2, Division 15 of said Streets and Highways Code; and that upon completion, the report shall be filed with the City Clerk, who shall then submit the same to the City Council for its consideration, pursuant to Section 22586 of said Streets and Highways Code. SECTION 6: The City Clerk shall certify to the adoption of this resolution. APPROVED AND ADOPTED this 21st day of January, 1998. ATTEST: Debbie Traffenstedt, City Clerk Patrick Hunter, Mayor 0001,28