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HomeMy WebLinkAbout10 - Newport Coast Reimbursement of Maintenance CostsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. io March 14, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, Assistant City Manager 9491644 -3002 or dkiff @city.newport- beach.ca.us SUBJECT: Budget Amendment- Newport Coast Community Association Reimbursement of Maintenance Costs for Properties along Public Streets ISSUE: Should the City of Newport Beach appropriate and expend $195,000.00 to compensate the Newport Coast Community Association (NCCA) for properties the City intended to maintain following the January 1, 2002 annexation of the Newport Coast community? RECOMMENDATION: Adopt Budget Amendment #J in the amount of $195,000.00 to the City Manager's Professional and Technical Services account (0310- 80804) from unappropriated General Fund reserves. 2. Direct the City Manager to disperse funds in the amount of $195,000.00 to the Newport Coast Community Association (NCCA). DISCUSSION: The 7,700 -acre Newport Coast community at the eastern edge of the City is a combination of two planned communities (the San Joaquin Hills Planned Community [now known as Newport Ridge] and the Newport Coast Local Coastal Program). In the 1980s and 1990s as the communities were developed, the major landowner (The Irvine Company) and the planning jurisdiction (the County of Orange) established a somewhat complex program of private ownership of lands like street medians, parkways, and slopes along public streets. In other regions, these same lands are more commonly held and maintained by public agencies. Assessment and Mello -Roos districts funded construction of the Newport Coast's major infrastructure -- like parks, the Newport Coast Fire Station, Newport Coast Elementary School, sewers, water mains, streets, streetlights, stoplights, and the installation of the Budget Amendment -- Newport Coast March 14, 2006 Page 2 community's street landscaping. The assessment districts were not set up to fund ongoing maintenance activities of these public facilities or properties. Instead, the Newport Coast development was structured such that homeowners' and community associations (HOAs /COAs) picked up both ownership and maintenance costs of certain properties, specifically the landscaping along and adjacent to streets. Annexation Discussions As part of Newport Beach's January 1, 2002 annexation of the Newport Coast, the City Council's negotiating team agreed to maintain the landscaping of certain properties along and adjacent to public streets to the quality standards in place at the time of annexation. These properties include medians (center of the street), parkways (area between the street and sidewalk), and some slopes. This offer by the City was accepted by a coalition of Newport Coast residents known as the Newport Coast Committee of 2000 (NCC2K), included within a Pre - Annexation Agreement (PAA), and later adopted by the City Council. Due to annexation, today many of the public streets in the Newport Coast are controlled by the City via easement or fee ownership, but adjacent property (medians, parkways, and slopes) is owned by community associations. These streets include: • Newport Coast Drive • Newport Ridge Drive • San Joaquin Hills Road • Vista Ridge Road • Ridge Park Road • Pelican Hill Road A Community of Associations Today, the Newport Coast contains six major community associations: • Newport Ridge Community Association; • Newport Ridge North Community Association; • Newport Coast Community Association; • Ziani Community Association; • Pelican Point Community Association; and • Crystal Cove Community Association. Community associations are charged with various activities, including operating private parks (like Newport Ridge Park) and maintaining landscaping along medians, parkways and slopes. The community associations operate concurrently with about 24 smaller homeowners associations (HOAs) that manage different properties and facilities like streetscapes behind gates, fuel modification zones, and gate guards to their specific neighborhoods. For information about where these HOAs and COAs are located, look at the City's web site (www. city. newport- bea ch. ca. us) and click on our mapping applications. Budget Amendment -- Newport Coast March 14, 2006 Page 3 The Property Maintenance Agreement After City Council adopted the PAA, several months passed before the City could take over landscape maintenance duties because the agreed upon properties were privately owned. In Fall 2003, a Property Maintenance Agreement (PMA) was completed to allow the City to begin maintenance of these areas. In late October 2003, both Newport Coast and Newport Ridge agreed to the terms and format of the PMA. The PMA describes certain eligible properties that the City or its landscape maintenance contractor will maintain, including: • Medians and parkways along public streets where the City owns and maintains the streets; • California native and evergreen slopes along public streets where the City owns and maintains the streets; Some areas are excluded from eligibility via the PAA -- these include landscaped areas that are: • Within gated communities and therefore not public; • Adjacent to or within parks that are not public; • Adjacent to schools, commercial areas, hotels /timeshares, or developer -owned property, and • Enhanced entryways or decorative corner statements. Approximately 54 acres of land owned by the NCCA are eligible for City maintenance. In October 2002, the NCCA allowed the City's contractor, Park West Landscape Maintenance, to maintain about 5.80 acres of the 54 acres of NCCA - controlled land (specifically the medians and parkways along portions of Newport Coast Drive and Pelican Hill Road) without an executed agreement. In 2004, City staff completed an on- site audit of all acreage that is the City's maintenance responsibility but is owned by NCCA. This audit included detailed inspection of several parcels to determine if they met the criteria of an eligible property, as identified in the PAA. Using this audit, staff has been able to design a detailed map showing the NCCA properties and identifying eligible properties for the City to maintain (Attachment A). Initially, City staff and the Newport Coast Advisory Committee (NCAC) agreed that the City would begin maintaining eligible landscaped areas in July 2004. Due to the complexity of parcels (some have characteristics which meet the eligible and ineligible designation), both the Newport Coast Advisory Committee (NCAC) and City staff agreed that the development of the PMA took longer than expected to complete. Consequently, both have agreed that the NCCA should be reimbursed for maintenance costs it incurred from July 2004 through March 2005. Using the NCCA property map, staff has determined that there are approximately 48.08 additional acres that have been maintained by NCCA. Budget Amendment -- Newport Coast March 14, 2006 Page 4 The Contractors The General Services Department solicited competitive bids for eligible NCCA properties in the fall of 2002. In October 2002, the City selected Park Landscaping Maintenance (PLM) as the qualified bidder to maintain these properties. PLM was the preferred contractor by both the Newport Coast Community Association and the City. Since then, PLM has continued to perform landscape maintenance duties for eligible NCCA properties but has changed its name to Park West Landscape Maintenance (PWLM). In July 2004, PWLM added the eligible properties identified in the PMA to its regular landscape maintenance schedule. General Services Department staff will continue to manage PWLM's contract and work to ensure that NCCA and the City's service expectations are maintained. At the end of the City's contract with PWLM, the City will explore re- bidding all eligible Newport Coast properties as one landscape maintenance contract. When this occurs, staff will solicit bids using the traditional Request for Proposals process and will recommend a contractor to the City Council for formal approval of a new contract. Funding On December 9, 2003 the City Council approved the PMA and directed City staff to begin work on the Newport Coast/Ridge's medians, slopes, and parkways. General Services' staff began management of maintenance work on these properties (approximately 9.83 acres) on February 1, 2004 in the Newport Ridge community. On April 27, 2004 the City Council authorized a budget amendment to reimburse the Newport Ridge Community Association for costs incurred during the changeover period. At that time, staff wrote that later City Council action would be required to reimburse costs incurred by the NCCA. According to PWLM, the cost to maintain all eligible properties (approximately 54 acres) within NCCA is just over $23,470 per month. During the 9 -month negotiation period between the City and NCCA, the City maintained only parkways and medians (approximately 6 acres) at a cost of $2,526 per month. Using these figures, City staff has developed a cost analysis showing that the City owes NCCA a total of $195,000 for the total 9 -month changeover period (Attachment B). Staff is recommending that the City Council approve the budget amendment of $195,000 and direct the city manager to disperse funds for reimbursement to the NCCA. This amount represents a one -time payment for costs incurred from July 2004 through March 2005. There will be a roughly $281,640 annual obligation within the General Services' Department's budget for this work on an ongoing basis. This amount is currently funded in the department operating budget. Committee Action: The Newport Coast Advisory Committee has been kept apprised of these discussions and this payment. Budget Amendment -- Newport Coast March 14, 2006 Page 5 Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. Public Notice: This agenda item may be noticed according to the Ralph M. Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Funding Availability: Funds are available in general fund reserves for this payment. Submitted by: ` L�4) Dave kift Assistant City Manager Submitted by: ,;" . , Mark Harmon ' I General Services Director Attachment: Prepared by: 0,�— �� ". . Chris Marcarello Administrative Analyst A. Newport Coast Maintenance Area Map B. Newport Coast Community Association - Maintenance Cost Analysis C. Budget Amendment 2006 - Lt - ��nh 1Jy t •0 cq r , 1 1 Lt r , 1 3 , � I � s' lo Newport Coast Community Association Maintenance Cost Analysis Total Maintenance Costs (April 05' - December 05) To ('Cost April 05' $23,470.13 May 05' $23,470.13 June 05' $23,470.13 July 05' $23,470.13 August 05' $23,470.13 September 05' $23,470.13 October 05' $23,470.13 November 05' $23,470.13 December 05' $23,470.13 Total $ 211,231.17 Average $ 23,470.13 Monthly Cost Differential Avg. Monthly Cost of Total Maintenance Avg. Monthly Cost of Limited Maintenance Monthly Difference Total Cost Differential Total Difference (9 Months) Total (Adjusted for Inflation) Limited Maintenance Costs (July 04 - March 05') August 04' 23.470.13 2,526.48 $2,526.48 September 04' $2,526.48 October 04' $2,526.48 November 04' $2,526.48 December 04' $2,526.48 January 05' $2,526.48 February 05' $2,526.48 March 05' $2,526.48 Total $ 22,736.32 Average $ 2,526.48 $ $ 23.470.13 2,526.48 $ 20,943.65 $ 188,492.85 $ 194,147.64 Attachment 8 City of Newport Beach NO. BA- 06BA -049 BUDGET AMENDMENT 2005 -06 AMOUNT: 5195,000.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance �X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations for a retroactive reimbursement payment to the Newport Coast Community Association for property maintenance costs along public streets. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Description General Fund - Fund Balance Description Description 0310 City Manager 80804 Services - Fuel Modification Amount Debit Credit $195,000.00 Automatic System Enfry. $195,000.00 Signed: %s 4L� 3- ;7-06 Finan 'al proval: Administrative Services Director Date Signed: 3 7 Administrative Approval: ity Manager D e Signed: City CouncilApproval: City Clerk Date