HomeMy WebLinkAboutAGENDA REPORT 2000 0621 CC REG ITEM 09ATO:
FROM:
DATE:
MOORPARK CITY COUNCIL
AGENDA REPORT
The Honorable City Council
ITEM 14
00 ,'lFARK, CA]LiFORISU
City CGunel] INtee-ing
Mary K. Lindley, Director of Community Services
June 6, 2000 (CC Meeting of June 21, 2000)
SUBJECT: Consider Final Engineer's Report for the Park and
Recreation Maintenance and Improvement Assessment
District and the Adoption of a Resolution Confirming
the Assessment for Fiscal Year 2000/01
SUMMARY
The Council is being asked to open the Public Hearing on the
continuation of the Parks and Recreation Maintenance and
Improvement Assessment District for FY 2000/01, and receive
testimony, close the Public Hearing, approval the final
Engineer's Report, and adopt a resolution confirming the
assessment.
BACKGROUND
In July 1999, the City established an assessment district for
the maintenance and improvement of City parks. The District was
initiated by the Council to provide funding in place of AD 85 -1
(Park Maintenance Assessment District) , which was disbanded in
July 1998 as a result of Proposition 218. The current
Maintenance District is based on a "special" assessment. This
means that the City assesses property owners for that portion of
park maintenance and improvement activities that generate a
"special" benefit. All activities that generate a "general"
benefit must be funded from non assessment revenues (typically
General Fund and Park Improvement Fund).
The Park Maintenance and Improvement Assessment District
includes all existing 14 City parks and the park currently under
construction in Carlsberg Specific Plan. The amount of the
assessment levied to property may only increase by the Cost of
\ \MOR_PRI_SERV\ home_ folders \MLindley \Assessment \final report approval 2000
ccagd.doc
Park Maintenance Assessment
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Living factor for the Los Angeles Metropolitan area, and not
more than 3 percent in any year.
On February 16, 2000, the City Council adopted Resolution No.
2000 -1701, indicating its intent to continue the assessment for
FY 2000/01 and directing the preparation of the Engineer's
Report. On that date, the City selected Shilt's Consultants to
prepare the report.
On June 7, 2000, the City Council approved the preliminary
Engineer's Report for the Park and Recreation Maintenance and
Improvement District for FY 2000/01 and set a Public Hearing for
June 21.
DISCUSSION
The City Council is being presented with the Engineer's Report
for approval. By approving the Engineer's Report, the Council
will be establishing the assessment rate, the formula used to
spread the assessment, and the General Fund and Park Improvement
Fund (PIF) contributions for the maintenance and improvement of
parks. The proposed boundaries for the Parks and Recreation
Maintenance and Improvement District contains all properties
within the City's boundaries.
The proposed Assessment District includes all existing 14 City
parks. It is intended to include Miller Park under construction
in Specific Plan 92 -1 (Carlsberg) once it has been completed and
the maintenance period has expired. Additionally, the properties
within Specific Plan 92 -1 would be assessed as would all other
properties within the City.
The Engineer's Report contains a determination regarding the
percentage of benefit deemed "special" and the percentage deemed
"general" generated from the maintenance and improvement of City
parks and recreation facilities. The percentage figure
identified by the Engineer is 25 percent "general" benefit and
75 percent "special" benefit. This percentage is then applied to
the total parks budget. Under Proposition 218, the City can
only assess property owners for the portion of the budget
related to "special" benefits. Although 75 percent is
identified as providing "special" benefit, and consistent with
last year, it is proposed that property owners be assessed for
approximately 51 percent of the total park maintenance budget.
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Park Maintenance Assessment
Page 3
Additionally, the Report identifies all properties in Moorpark
by type. A value has been assigned for each type of property,
with single family residential having a value of 1.00. A value
for all other property types is assigned based on the SFE. The
equivalent value is based on a formula that uses the average
number of people who could potentially live on, work at, or
otherwise use a property. Specifically, the Engineer finds SFE
values as follows:
Single Family Residential 1.00
Condominium .80
Multi - Family Residential .78
Mobile Homes .65
Commercial .70
Office 1.90
Shopping Center .70
Industrial .70
Self Storage or Parking Lot .03
(per dwelling unit)
(per 1/5 of acre)
In regards to undeveloped vacant property, the Engineer has
developed a three tiered rate structure. Vacant property will
be assessed at a single family equivalent of .25 SFE. Once a
development application and engineering plans have been
submitted for vacant property, it will be assessed at a single
family equivalent of .35 of the developed rate, and vacant
property for which development has been approved will have a
single family equivalent of .65 of the developed rate until
fully developed.
Proposed Park Maintenance and Improvement Budget
Addressed in the Engineer's Report is the proposed FY 2000/01
Park Maintenance and Improvement Budget. Total proposed
expenditures are approximately $909,409. This figure excludes
$130,866 in indirect costs identified in the FY 2000/01 Budget
as "Cost Plan" expenditures, which will be more fully discussed
below. With "Cost Plan" expenditures included, the total Park
Maintenance Budget is $1,040,275.
The proposed budget may change as the Council conducts its
budget deliberations. As long as these changes do not impact
the ratio between special and general activities, such that the
00111/40
Park Maintenance Assessment
Page 4
special activities comprise a larger percent, these changes can
be accommodated in the final Report.
The Engineer's Report addresses the estimated revenue to be
generated by the assessment (approximately $468,000) if the
assessment rate is approved as recommended. The anticipated
revenue figure may also change slightly upward, if any
previously unidentified properties are identified. Additionally,
the report identifies the non assessment contribution (General
Funds and PIF) , which includes a portion of the expenditures
associated with "special" benefits and all expenditures
associated with "general" benefits.
For comparison, the FY 1999/00 park maintenance expenditure
budget was approximately $925,188 (not including the AVCP tennis
court construction), of which $771,941 was for operations and
the remaining $153,247 was for capital improvements.
Approximately $430,000 was collected in park assessments. The
non assessment FY 1999/00 contributions to the park maintenance
budget was $495,188, which was comprised of approximately
$367,641 from the General Fund ($25,700 for capital and the
remaining for operations) and $127,547 from the Park Improvement
Fund ( P I F) .
The proposed FY 2000/01 budget figure of $909,409 includes
$780,109 for operations and $129,300 for capital improvements.
Of the operational expenditures, it is estimated that $468,000
will be funded from collected assessments. It is proposed that
the remaining, approximately, $312,109 in operational
expenditures be funded by the General Fund. All of the capital
expenditures ($129,300) will be funded by the PIF from the
appropriate Park Improvement Zones.
PARK MAINTENANCE BUDGET
EST.
FY 99/00
PROPOSED
FY 00 /01
EXPENDITURES
Operations
$771,941
$780,109
Capital
$153,247
$129,300
Total Expend
$925,188
$909,409
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Park Maintenance Assessment
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FUNDING SOURCE
Assessment
$430,000
$468,000
General Fund
$367,641
$312,109
Park Impr.
$127,547
$129,300
The City Council is not being asked to formally adopt the Park
Maintenance budget at this time. There will be an opportunity
to make some adjustments as a part of the regular budget
process. However, any future budget adjustments cannot impact
the assessment amount.
While costs for general materials and utilities have gone up,
the total proposed FY 2000/01 park maintenance budget (including
capital items) represents a decrease of $15,779 over last year's
budget. The major reason for this is the significant decrease
in assessment engineer costs. Last year the City's budget
included $53,300 for assessment engineering to establish the
assessment district. In FY 2000/01 $11,000 has been budgeted
for assessment engineering administration, a difference of
$42,300.
There are no new programs or items contained in the proposed FY
2000/01 budget. However, some park landscape enhancements are
planned to replace lost or damaged plant material, which has not
been specifically addressed in past years. A larger percent of
the City's overhead cost allocations have also been assigned to
park maintenance to reflect the true impact of the division on
the General Fund.
While not addressed in the Engineer's Report and not identified
in the total budget figures presented in this Agenda Report, the
Council should note that the proposed Park Maintenance Division
Budget (2400) contains park related City "cost plan" charges
($130,866) which are new to the division, but not new to the
City's General Fund budget. In other words, the City incurred
these costs last year, elsewliere in the General Fund budget.
For FY 2000/01, it is proposed that the "cost plan" costs
related to park maintenance activities be charged directly in
the Park Maintenance Division budget. The end result should be
not net increase to the General Fund. The "cost plan" will be
further discussed during budget deliberations.
0 0 ' 0 0 5)
Park Maintenance Assessment
Page 6
There are fewer proposed capital improvement projects in the
proposed FY 2000/01 budget in comparison to FY 1999/00. The
proposed FY 1999/00 capital expenditures include new playground
equipment for Campus Park, replacement gazebos for Poindexter
Park, and installation of poured -in -place rubber surfacing for
Glenwood Park. The capital expenditures will be funded by the
appropriate Park Improvement Fund zone, not General Funds nor
park assessment revenues.
Assessment Rate
Under Proposition 218, the City can only assess property owners
for a portion of the maintenance and improvement of parks that
generates a "special" benefit. The portion determined to
generate a "general" benefit must be funded from sources other
than Assessment District revenue. As stated previously, the
Engineer's findings indicate that 25 percent of the benefits
conferred by the maintenance and improvement of parks is
"general" in nature, and 75 percent is "special ". Historically,
the City has contributed funds to park maintenance activities,
as was done with the former Park Assessment District, in an
effort to minimize the property assessment amount. Prior to
disbanding the Park Assessment District in June 1998, property
owners were paying a SFE of $41.16. Therefore, when initially
proceeding with the establishment of the park maintenance
assessment district, the Council elected to fund a greater share
of the expenses with City funds to reduce the impact to property
owners. The Council also elected to place an annual rate
adjustment cap on the assessment based on the CPI increase, but
no more than 3 percent.
The initial SFE rate set in FY 1999/00 was 39.00. The CPI
adjustment for the Los Angeles Metropolitan area for the twelve
month period between December 1998 and December 1999 is 2.3
percent. This represents an increase of $0.90, which brings the
total annual SFE assessment to $39.90.
It is recommended that the Council approve the CPI adjustment of
2.3 percent. This action is reflected in the Engineer's Report
and the proposed FY 2000/01 Budget. Based on this action, the
City's contribution would be $441,409 ($442,975 General Fund and
$129,300 Park Improvement) and total assessment contributions
would be $468,000. This represents a ratio of 49 percent City
Park Maintenance Assessment
Page 7
funded and 51 percent assessment funded, which is far greater
than the established 25 %/75% split.
Public Hearing
The continuation of the Parks Maintenance and Improvement
District and rate adjustment requires a public hearing to be
held prior to the annual levy of assessment for the purpose of
receiving input and to hear any protest to the proposed
assessment. The notice announcing the Public Hearing was
published and posted as required by law.
RECOMMENDATION
It is recommended that the Council:
1. open the public hearing, receive testimony, and close
the public hearing;
2. Approve the Engineer's Report (Attachment B); and
3. Adopt the attached Resolution No. 2000- (Attachment
A) confirming the assessment for the Parks and
Recreation Maintenance and Improvement District for
Fiscal Year 2000/001.
0C, 30 07
RESOLUTION NO. 2000-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, APPROVING
ENGINEER'S REPORT, CONFIRMING DIAGRAM AND
ASSESSMENT AND ORDERING LEVY OF ASSESSMENT
FOR FISCAL YEAR 2000 -01 FOR THE PARKS AND
RECREATION MAINTENANCE AND IMPROVEMENT
DISTRICT OF THE CITY OF MOORPARK
WHEREAS, on July 15, 1999, by its Resolution No. 99 -1625,
after receiving a weighted majority of ballots in support of the
proposed assessment, this Council ordered the formation of and
levied the first assessment within the City of Moorpark Parks
and Recreation Maintenance and Improvement District (the
"Assessment District ") pursuant to the provisions of Article
XIIID of the California Constitution, and the Landscaping and
Lighting Act of 1972 (the "Act "), Part 2 of Division 15 of the
California Streets and Highways Code (commencing with Section
22500 thereof); and
WHEREAS, the Council designated Shilts Consultants, Inc. as
Engineer of Work and ordered said Engineer to make and file an
Engineer's Report for a proposed Parks and Recreation
Maintenance and Improvement District for fiscal year 2000 -01;
and
WHEREAS, by Resolution No. 2000 -1749 the City Council
preliminarily approved the Engineer's Report for said District
and set a date for a Public Hearing; and
WHEREAS, the report was duly made and filed with the City
Clerk and duly considered by this Council and found to be
sufficient in every particular, whereupon it was determined that
the report should stand as the Engineer's Report for all
subsequent proceedings under and pursuant to the aforesaid
resolution, and that June 21, 2000 at the hour of 6:30 p.m. in
the Council Chambers, located at 799 Moorpark Avenue, Moorpark,
California 93021, were appointed as the time and place for a
hearing by this Council on the question of the levy of the
proposed assessment, notice of which hearing was given as
required by law; and
WHEREAS, at the appointed time and place the hearing was
duly and regularly held, and all persons interested and desiring
Page 1 of 4
to be heard were given an opportunity to be heard, and all
matters and things pertaining to the levy were fully heard and
considered by this Council, and all oral statements and all
written protests or communications were duly heard, considered
and overruled, and this Council thereby acquired jurisdiction to
order the levy and the confirmation of the diagram and
assessment prepared by and made a part of the Engineer's Report
to pay the costs and expenses thereof.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The public interest, convenience and necessity
require that the levy be made.
SECTION 2. The Assessment District benefited by the
improvements and assessed to pay the costs and expenses thereof,
and the exterior boundaries thereof, are as shown by a map
thereof filed in the office of the City Clerk, which map is made
a part hereof by reference thereto.
SECTION 3. The Engineer's Report as a whole and each
part thereof, to wit:
(a) the Engineer's estimate of the itemized and total
costs and expenses of maintaining the
improvements and of the incidental expenses in
connection therewith;
(b) the diagram showing the assessment district,
plans and specifications for the improvements to
be maintained and the boundaries and dimensions
of the respective lots and parcels of land within
the Assessment District; and
(c) the assessment of the total amount of the cost
and expenses of the proposed maintenance of the
improvements upon the several lots and parcels of
land in the Assessment District in proportion to
the estimated special benefits to be received by
such lots and parcels, respectively, from the
maintenance, and of the expenses incidental
thereto;
are finally approved and confirmed.
Page 2 of 4
&C 2609
a u�
SECTION 4. Final adoption and approval of the Engineer's
Report as a whole, and of the plans and specifications, estimate
of the costs and expenses, the diagram and the assessment, as
contained in the report as hereinabove determined and ordered,
is intended to and shall refer and apply to the report, or any
portion thereof as amended, modified, or revised or corrected
by, or pursuant to and in accordance with, any resolution or
order, if any, heretofore duly adopted or made by this Council.
SECTION 5. The assessment to pay the costs and expenses
of the maintenance of the improvements for fiscal year 2000 -01
is hereby levied. For further particulars pursuant to the
provisions of the Landscaping and Lighting Act of 1972,
reference is hereby made to the Resolution Directing Preparation
of Engineer's Report.
SECTION 6. Based on the oral and documentary evidence,
including the Engineer's Report, offered and received at the
hearing, this Council expressly finds and determines (a) that
each of the several lots and parcels of land will be specially
benefited by the maintenance of the improvements at least in the
amount if not more than the amount, of the assessment
apportioned against the lots and parcels of land, respectively,
and (b) that there is substantial evidence to support, and the
weight of the evidence preponderates in favor of, the aforesaid
finding and determination as to special benefits.
SECTION 7. Immediately upon the adoption of this
resolution, but in no event later than the third Monday in
August following such adoption, the City Clerk shall file a
certified copy of the diagram and assessment and a certified
copy of this resolution with the Auditor of the County of
Ventura. Upon such filing, the County Auditor shall enter on the
County assessment roll opposite each lot or parcel of land the
amount of assessment thereupon as shown in the assessment. The
assessments shall be collected at the same time and in the same
manner as County taxes are collected and all laws providing for
the collection and enforcement of County taxes shall apply to
the collection and enforcement of the assessments, After
collection by the County, the net amount of the assessments,
after deduction of any compensation due the County for
collection, shall be paid to the City of Moorpark Parks and
Recreation Maintenance and Improvement District.
SECTION 8. Upon receipt of the moneys representing
assessments collected by the County, the County shall deposit
Page 3 of 4
the moneys in the City Treasury to the credit of the improvement
fund previously established under the distinctive designation of
the Assessment District. Moneys in the improvement fund shall
be expended only for the maintenance, servicing, construction or
installation of the improvements.
SECTION 9. The City Clerk shall certify to the adoption of
this resolution and shall cause a certified resolution to be
filed in the book of original resolutions.
PASSED AND ADOPTED this 21st day of June, 2000
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Page 4 of 4
MEMORANDUM
COMMUNITY SERVICES DEPARTMENT
TO: The Honorable City Council
FROM: Mary K. Lindley, Director of Community Services i E
DATE: June 20, 2000
SUBJECT: Parks and Recreation Maintenance and Improvement District —
Engineer's Report
Attached is a copy of the Engineer's Report for the FY 2000/01 Parks and Recreation
Maintenance and Improvement District. The Report and approval of the FY 2000/01
assessment levy has been agendized for the Council's June 21, 2000 meeting.
cc: Steve Kueny, City Manager
Deborah Traffenstedt, ACTM
attachment
CITY OF MOORPARK
Parks & Recreation Maintenance and Improvement District
ENGINEER'S REPORT
Fiscal Year 2000 -01
May 24, 2000
(Pursuant to the Landscaping and Lighting Act of 1972
and Article XIIID of the California Constitution)
Engineer of Work
Shilts Consultants, Inc.
2300 Boynton Avenue, Suite 201
Fairfield, CA 94533
(707) 426 -5016
L
CITY OF MOORPARK
Parks & Recreation Maintenance and Improvement District
TABLE OF CONTENTS
I. IN TRODUCTION ............................................................................................. ............................... I
II. CERTIFICATES ................................................................................................ ..............................3
III. PLANS & SPECIFICATIONS ........................................................................ ............................... 4
IV. FISCAL YEAR 2000 -01 ESTIMATE OF COST AND BUDGET ................ ............................... 5
V. METHOD OF APPORTIONMENT ............................................................... ............................... 6
A. METHOD OF APPORTIONMENT ........................................................................... ............................... 6
B. DISCUSSION OF BENEFIT .................................................................................... ............................... 6
C. GENERAL VERSUS SPECIAL BENEFIT .................................................................. ............................... 9
D. METHOD OF ASSESSMENT .................................................................................. ............................... 9
E. PROXIMITY BENEFITS ...................................................................................... ............................... 10
F. ASSESSMENT APPORTIOMMENT ........................................................................ ............................... 10
1. Residential Properties .................................................................................. ............................... 11
2. Commercial/Industrial Properties ............................................................... ............................... 11
3. Vacant Residential Land .............................................................................. ............................... 13
4. Other Properties .......................................................................................... ............................... 14
5. Appeals and Interpretation .......................................................................... ............................... 15
VI. ASSESSMENT .................................................................................................. .............................16
VII. ASSESSMENT DIAGRAM ........................................................................... ............................... 18
VIII. APPENDIX A - -1972 ACT APPLICATION ................................................... ............................... 20
IX. APPENDIX B — ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION ............................. 24
X. APPENDIX C - 2000 -01 ASSESSMENT ROLL ............................................. ............................... 29
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1. INTRODUCTION
The City of Moorpark (the "City°) currently provides park facilities and recreation programs
for approximately 28,000 residents. The City currently owns, operates and maintains 13
neighborhood parks and one community park, which are located throughout the developed
areas of the City. (For general locations of the City's park facilities, see the Diagram
following in this Report.) The City's parks are summarized as follows:
Arroyo Vista Community Park and Recreational Center, (69 developed
acres), located near the intersection of Countrywood Drive and Tierra Rejada
Road.
Campus Canyon Neighborhood Park, (6 acres), located at Collins Dr. and
Hearon Drive.
Campus Park Neighborhood Park, (2.5 acres), located on the corner of
Hartford St. and Harvard Street.
❖ Community Center Park, (.5 acres), 799 Moorpark Avenue.
Country Trail Neighborhood Park, (8 acres), located off Countrywood Drive
and Mountain Trail.
Glenwood Neighborhood Park, (4.5 acres), located on the corner of Tierra
Rejada Rd. and Harvester Street.
Griffin Neighborhood Park, (5 acres), located on at the intersection of
Campus Park Drive and College View Avenue.
❖ Monte Vista Nature Park, (5 acres), located on Spring Road.
❖ Mountain Meadows Neighborhood Park, (8 acres), located off Mountain
Meadow Street, near Tierra Rejada Road.
• :• Peach Hill Neighborhood Park, (10 acres), located on Peach Hill Rd. and
Christian Barrett Drive.
❖ Poindexter Neighborhood Park, (7.5 acres), located on Poindexter Ave.,
west of Chaparral Middle School.
Tierra Rejada Neighborhood Park, (8 acres), located at the intersection of
Tierra Rejada Road and Mountain Trail.
❖ Virginia Colony Park, (1 acre), located at the intersection of Los Angeles
Place and Condor Drive.
❖ Villa Campesina Park, (.5 acre), located at Liberty Bell Road.
Prior to 1997, the City funded the majority of the costs for maintenance and improvement of
park facilities with an assessment supported by property owners. With the passage of
Proposition 218 on November 6, 1996, such an assessment could not be continued unless
it is approved by a weighted majority of ballots submitted in an assessment ballot
City of Moorpark Parks Maintenance and Recreation Improvement District 05124100
Engineer's Report, Fiscal Year 2000 -01, by Shilts Consultants, Inc. Page I
i
L:
proceeding. As a result, the City discontinued the park maintenance assessment and
funded a reduced level of park maintenance with reserve funds. To address the City's
shortfall in park maintenance and improvement funding, in 1999 the City proposed a new
assessment for parks. In May and June of 1999, the City conducted an assessment ballot
proceeding pursuant to the requirements of Article XIIID of the California Constitution ( "The
Taxpayer's might to Vote on Taxes Act ") and the Landscaping the Lighting Act of 1972.
During this ballot proceeding, property owners in the City were provided with a notice and
ballot for the proposed parks assessment ( "the Parks Maintenance and Recreation
Improvement District "). A 45 -day period was provided for balloting and a public hearing
was conducted on June 16, 1999. At the public hearing, all ballots returned within the 45-
day balloting period were tabulated.
It was determined at the public hearing that the assessment ballots submitted in opposition
to the proposed assessments did not exceed the assessment ballots submitted in favor of
the assessments (with each ballot weighted by the proportional financial obligation of the
property for which ballot was submitted). In fact, the final balloting result was 71.5%
support for the City of Moorpark Parks Maintenance and Recreation Improvement District
(the "District ").
As a result, the Council gained the authority to approve the levy of the assessments for
fiscal year 1999 -00 and future years. The authority granted by the ballot proceeding
includes an annual adjustment in the assessment levies equal to the annual change in the
Consumer Price Index for the Los Angeles Area, not to exceed 3 %.
In each subsequent year for which the assessments will be levied, the Council must direct
the preparation of an Engineer's Report, budgets and proposed assessments for the
upcoming fiscal year. After the Engineer's Report is completed, the Council may
preliminarily approve the Engineer's Report and proposed assessments and establish the
date for a public hearing on the continuation of the assessments. This Report was
prepared pursuant to the direction of the Council adopted on February 16, 2000.
If the Council approves this Engineer's Report and the proposed assessments by
resolution, a notice of assessment levies must be published in a local paper at least 10
days prior to the date of the public hearing. The resolution preliminarily approving the
Engineer's Report and establishing the date for a public hearing is used for this notice.
Following the minimum 10 -day time period after publishing the notice, a public hearing is
held for the purpose of allowing public testimony about the proposed continuation of the
assessments. This hearing is currently scheduled for June 21, 2000. At this hearing, the
Council would consider approval of a resolution confirming the assessments for fiscal year
2000 -01. If so confirmed and approved, the assessments would be submitted to the
County Auditor /Controller for inclusion on the property tax rolls for Fiscal Year 2000 -01.
City of Moorpark Parks Maintenance and Recreation Improvement District 05124100
Engineer's Report, Fiscal Year 2000 -01, by Shilts Consultants, Inc. Page 2
CITY OF MOORPARK
Parks & Recreation Maintenance and Improvement District
11. CERTIFICATES
1. Ttm— undersigned respectfully submits the enclosed Engineer's Report and does
hereby certify that this Engineer's Report, and the Assessment and Assessment Diagram
herein, have been prepared by me in accordance with the order of the City Council of the
City of Moorpark, adopted on 21111.10 1 12000.
ILA
Engineer bf Work, License No. C14084
2. I, the Clerk of the City Council, City of Moorpark, County of Ventura, California,
hereby certify that the enclosed Engineer's Report, together with the Assessment and
Assessment Diagram thereto attached, was filed and recorded with me on
.2000.
Clerk of the City Council
3. 1, the Clerk of the City Council, City of Moorpark, County of Ventura, California,
hereby certify that the Assessment in this Engineer's Report was approved and confirmed
by the City Council on , 2000, by Resolution No.
Clerk of the City Council
4. I, the Clerk of the City Council of the City of Moorpark, County of Ventura, California,
hereby certify that a copy of the Assessment and Assessment Diagram was filed in the
office of the County Auditor of the County of Ventura, California, on
, 2000.
Clerk of the City Council
5. I, the County Auditor of the County of Ventura, California, hereby certify that a copy
of the Assessment Roll and Assessment Diagram for fiscal year 2000 -01 was filed with me
on 12000.
County Auditor, County of Ventura
City of Moorpark Parks Maintenance and Recreation Improvement District 05124100
Engineer's Report, Fiscal Year 2000 -01, by Shilts Consultants, Inc. Page 3
L
IU. PLANS & SPECIFICATIONS
The City of Moorpark maintains park facilities throughout the City
The work and improvements proposed to be undertaken by the City of Moorpark Parks &
Recreation Maintenance and Improvement District (the "District ") and the cost thereof
paid from the levy of the annual assessment provide special benefit to Assessor Parcels
within the District as defined in the Method of Assessment herein. Consistent with the
Landscaping and Lighting Act of 1972, (the "Act ") the work and improvements are
generally described as follows:
Installation, maintenance and servicing of public recreational facilities and
improvements, including but not limited to landscaping, sprinkler systems, park grounds,
park facilities, landscape corridors, ground cover, shrubs and trees, street frontages,
playground equipment and hardcourt areas, water, drainage systems, lighting, fencing,
entry monuments, basketball courts, tennis courts, running tracks, swimming pools,
restroom facilities including sewage systems, other recreational facilities, security
guards, graffiti removal and repainting, and labor, materials, supplies, utilities and
equipment, as applicable, for property owned and maintained by the City of Moorpark.
Any plans and specifications for these improvements will be filed with the Director of
Community Services of the City of Moorpark and are incorporated herein by reference.
As applied herein, "Installation" means the construction of recreational improvements,
including, but not limited to, land preparation, such as grading, leveling, cutting and
filling, sod, landscaping, irrigation systems, sidewalks and drainage, lights, playground
equipment, play courts, recreational facilities and public restrooms.
"Maintenance" means the furnishing of services and materials for the ordinary and usual
maintenance, operation and servicing of any improvement, including repair, removal or
replacement of all or any part of any improvement; providing for the life, growth, health,
and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing,
or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid
waste, and the cleaning, sandblasting, and painting of walls and other improvements to
remove or cover graffiti.
"Servicing" means the furnishing of electric current, or energy, gas or other illuminating
agent for any public lighting facilities or for the lighting or operation of any other
improvements; or water for the irrigation of any landscaping, the operation of any
fountains, or the maintenance of any other improvements.
City of Moorpark Parks Maintenance and Recreation Improvement District 05124100
Engineer's Report, Fiscal Year 2000 -01, by Shilts Consultants, Inc. Page 4
IV. FISCAL YEAR 2000 -01 ESTIMATE OF COST AND BUDGET
4.
Administrative Costs and Incidentals $43,744
Totals for Installation, Maintenance, Servicing and Administration $909,409
Less: City Contribution for General and Special Benefits ($441,377)
Net Cost of Installation, Maintenance, Servicing and Administration $468,032
(Net Amount to be Assessed)
;-
Budget Allocation to Property
Total Assessment Budget'
Single Family Equivalent Benefit Units
Assessment per Single Family Equivalent Unit
' All assessments are rounded to lower even penny. Therefore, the budget amount slightly differs from
the assessment rate
City of Moorpark Parks Maintenance and Recreation Improvement District
Engineer's Report, Fiscal Year 2000 -01, by Shilts Consultants, Inc.
$468,032
11,730.12
$39.90
05124/00
Page 5
Total
Budget
Installation, Maintenance & Servicing Costs
Capital Improvements
$129,300
Property Maintenance
$18,900
Tree Trimming
$12,950
Landscaping Services
$286,432
Water
$148,400
Utilities
$23,525
Supplies and Materials
$28,100
Equipment and Vehicle Operation and Maintenance
S14,100
Graffiti Abatement
$25,000
Maintenance and Operation of Grounds and Recreational Facilities
$172,208
Equipment and Repair
51,600
Equipment Rental
$5,150
Subtotal - Installation, Maintenance and Servicing
$865,665
4.
Administrative Costs and Incidentals $43,744
Totals for Installation, Maintenance, Servicing and Administration $909,409
Less: City Contribution for General and Special Benefits ($441,377)
Net Cost of Installation, Maintenance, Servicing and Administration $468,032
(Net Amount to be Assessed)
;-
Budget Allocation to Property
Total Assessment Budget'
Single Family Equivalent Benefit Units
Assessment per Single Family Equivalent Unit
' All assessments are rounded to lower even penny. Therefore, the budget amount slightly differs from
the assessment rate
City of Moorpark Parks Maintenance and Recreation Improvement District
Engineer's Report, Fiscal Year 2000 -01, by Shilts Consultants, Inc.
$468,032
11,730.12
$39.90
05124/00
Page 5
V. METHOD OF APPORTIONMENT
A. Method of Apportionment
This section of the Engineer's Report includes an explanation of the benefits to be
derived from the installation, maintenance and servicing of park facilities throughout the
City, and the methodology used to apportion the total assessment to properties within
the Parks Maintenance and Recreational Improvement District.
The Parks & Recreation Maintenance and Improvement District consists of all Assessor
Parcels within the boundaries of the City of Moorpark as defined by the County of
Ventura tax code areas. The parcels include all privately or publicly owned parcels
within said boundaries. The method used for apportioning the assessment is based
upon the proportional special benefits to be derived by the properties in the Parks &
Recreation Maintenance and Improvement District over and above general benefits
conferred on real property or to the public at large. The apportionment of special benefit
is a two step process: the first step is to identify the types of special benefit arising from
the improvements, and the second step is to allocate the assessments to property based
on the estimated relative special benefit for each type of property.
B. Discussion of Benefit
In summary, the assessments can only be levied based on the special benefit to
property. This benefit is received by property over and above any general benefits.
Moreover, such benefit is not based on any one property owner's use of the City's
recreational facilities or a property owner's specific demographic status. With reference
to the requirements for assessments, Section 22573 of the Landscaping and Lighting
Act of 1972 states:
"The net amount to be assessed upon lands within an assessment district may
be apportioned by any formula or method which fairly distributes the net
amount among all assessable lots or parcels in proportion to the estimated
benefits to be received by each such lot or parcel from the improvements. "
Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed
that assessments must be based on the special benefit to property:
"No assessment shall be imposed on any parcel which exceeds the
reasonable cost of the proportional special benefit conferred on that parcel. "
Six benefit categories have been established that represent the types of special benefit
to residential, commercial, industrial and other lots and parcels resulting from the
installation, maintenance and servicing of park and recreation improvements to be
provided with the assessment proceeds. These categories of special benefit are derived
from the statutes passed by the California Legislature and other studies which describe
City of Moorpark Parks Maintenance and Recreation Improvement District 05124100
Engineer's Report, Fiscal Year 2000 -01, by Shilts Consultants, Inc. Page 6
the types of special benefit received by property from maintenance and improvements
such as those proposed by the City of Moorpark Parks & Recreation Maintenance and
Improvement District. These types of special benefit are summarized as follows:
Enhanced recreational opportunities and expanded access to recreational facilities
for all residents throughout the City.
Residential properties benefit from the enhanced recreational opportunities offered
by the improvements and maintenance services that would be made throughout the City.
These maintenance and improvement services include, among others, new playground
equipment, improved playcourt, playfield and turf areas, and higher levels of maintenance
and watering than would be provided in absence of the assessment. These improved
park facilities will be available to residents and guests of property owners within the City,
thereby making these properties more valuable.
Non- residential properties also will benefit from the improved park facilities in many
ways. Employees will have better and well- maintained facilities to utilize for exercise,
recreational activities, sporting events, picnics, company gatherings or other uses. These
improvements, therefore, enhance an employer's ability to attract and keep quality
employees. The benefits to employers ultimately flow to the property because better
employees improve the business prospects for companies and enhanced economic
conditions benefit the property by making it more valuable.
Protection of views, scenery and other resources values and environmental benefits
enjoyed by residents, employees, customers and guests and preservation of public
assets maintained by the City.
The proposed Parks & Recreation Maintenance and improvement District will
provide funding to protect and improve the public resources and facilities of the City. For
example, the assessments will provide funding to remove graffiti from City park and
recreation facilities, to keep the City's park grounds clean with consistent trash removal
and to adequately maintain the grounds and facilities so that tun` areas remain green and
healthy and the grounds and facilities of the City do not fall into disrepair. This benefits
properties by maintaining and improving the public resources in the community.
• Increased economic activity.
Well- maintained and improved park facilities will allow for expansion of recreation
programs and increased use of the facilities. Expanded use and activities facilitated by
new and refurbished facilities brings greater numbers of people in the area who can
utilize the services of businesses within the District. The users of the City's recreational
facilities will be more likely to shop and eat locally. Increased use leads to increased
economic activity in the area, which is a benefit ultimately to property.
Expanded employment opportunity.
improved recreational facilities and public resources foster business growth which,
in turn, creates additional employment opportunities for City residents. In addition, the
assessments expand local employment opportunities by funding new projects that may
create the need for additional construction or maintenance jobs.
City of Moorpark Parks Maintenance and Recreation Improvement District 0524100
Engineer's Report, Fiscal Year 2000 -01, by Shilts Consultants, Inc. Page 7
improved and well- maintained recreational facilities also provide business properties
with an opportunity to attract and keep employees due to the benefits provided by these
recreational facilities.
Redueed —cost of local government in law enforcement, public health care, fire
prevention and natural disaster response.
High quality recreational facilities allow residents and employees in the City to enjoy
activities close to home, thereby not spending time driving to other areas.
improved and well - maintained recreational facilities can also serve to improve public
safety and reduce the cost to local government by providing a positive setting for youth
and adult activities.
All of these factors ultimately benefit property by making the community more
desirable and property, in turn, more valuable.
• Enhanced quality of life and desirability of the area.
The assessments will provide funding to improve the City's public recreational
facilities and to ensure that the parks and facilities remain operable, safe, and well
maintained. Such improved and well - maintained facilities enhance the overall quality of
life and desirability of the area. This is a benefit to residential, commercial, industrial and
other properties.
• Specific enhancement of property values.
The above benefit factors, when applied to property in the City, create specific
enhancement of property values. For example, the assessments will provide funding to
improve the City's public facilities and grounds and to ensure that the grounds and
facilities remain operable, safe, and well maintained. Such improved and well - maintained
facilities enhance the overall quality of life and desirability of the area. In turn, property
values are specifically enhanced by the availability of improved and well- maintained
recreation facilities and public resources within a community. Values of commercial and
industrial property increase based on the economic activity and the quality of public
resources in the area.
Having a system of well- maintained and improved neighborhood parks serves as an
important environmental feature for which the community of Moorpark will be known.
This, in turn, makes the City of Moorpark a more attractive and safer place to live and to
locate new businesses by improving overall quality of the community, providing pleasant
places for residents to enjoy, and increasing recreational opportunities.
The correlation between enhanced property values and improved and well -
maintained recreational facilities has been documented. The United States Department
of the Interior, National Park Service determined that "An investment in parks and
recreation helps reduce pollution and noise, makes communities more livable, and
increases property value." Additionally, the National Recreation and Park Association, in
June 1985, stated, "The recreation value is realized as a rise in the value of land and
other property in or near the recreation area, and is of public interest to the taxpayers,
who have a stake in a maximum of total assessed values."
In addition, professional property appraisers have found that well- maintained public
recreational grounds and facilities enhance property values in a community.
City of Moorpark Parks Maintenance and Recreation Improvement District 05124100
Engineer's Report, Fiscal Year 2000 -01, by Shilts Consultants, Inc. Page 8
I
t,_
C. General versus Special Benefit
The cost of improving and maintaining the grounds and facilities for use and enjoyment
by property owners, residents, employees and customers in the City is a special benefit
to property ii, the District because the improvements and maintenance confer the special
benefit factors described above. Moreover, in absence of the proposed assessments,
the level of park maintenance and improvement would decline due to City budget
constraints. Therefore, the assessments provide special benefits to the community by
supporting a higher level of park maintenance and improvement than would otherwise
be provided.
The maintenance and improvement of the City's parks and recreational facilities from the
assessments also provide a degree of general benefits to the public at large. A measure
of this general benefit is the proportionate amount of time that the City's parks and
recreational facilities are used and enjoyed by the greater public at large'. It is
reasonable to assume that approximately 25% of the usage and enjoyment of the
improvements is by the greater public. Therefore, approximately 25% of the benefits
conferred by the proposed maintenance and improvements are determined to be
general in nature. (It should be noted, however, that benefit factors such as protection of
resource values, reduced cost of local government and specifically enhanced property
values are conferred to property in the District regardless of the use of the parks and
facilities.)
The City's total budget for maintenance, operation and improvement of its parks and
recreational facilities is $909,409. Of this total budget amount, the proposed contribution
from the City from sources other than the assessments is $441,377. If the City Council
approves this level of contribution, the City's contribution would equate to approximately
49% of the total budget for park maintenance and improvement, which more than offsets
the cost of the general benefits resulting from the maintenance and improvements.2
D. Method of Assessment
The second step in apportioning assessments is to determine the relative special benefit
for each property. This process involves determining the relative benefit received by
each property in relation to a single family home, or, in other words, on the basis of
Single Family Equivalents (SFE). This SFE methodology is commonly used to distribute
assessments in proportion to estimated special benefit and is generally recognized as
providing the basis for a fair and appropriate distribution of assessments. For the
purposes of this Engineer's Report, all properties are designated a SFE value, which is
each property's relative benefit in relation to a single family home on one parcel. In this
case, the "benchmark" property is the single family detached dwelling which is one
Single Family Equivalent or one SFE.
' . The greater public at large is generally defined as those who are not residents, property
owners, customers or employees within the District boundaries.
z . At the proposed City contribution of $441,377, the total amount assessable to property would
be $468,032, which equates to an assessment rate of $39.90 per single family equivalent.
City of Moorpark Parks Maintenance and Recreation Improvement District 0524100
Engineer's Report, Fiscal Year 2000 -01, by Shilts Consultants, Inc. Page 9
E. Proximity Benefits
The City's park facilities are easily accessible by anyone within a neighborhood or the
City. Therefore, benefits from the proposed improvements do not vary based on
proximity of the parcels to the improvements because the increased benefits of greater
proximity to the improvements are generally offset by a parallel increase in negative
factors such as higher levels of traffic, noise, etc. that comes with increased proximity.
Consequently, since all parcels in the City have good access and proximity to the City's
grounds and recreational facilities and the benefits to relatively closer proximity are
offset by other factors, proximity is not considered to be a factor in determining benefit
within the Parks Maintenance and Improvement District.
F. Assessment Apportionment
In the process of determining the appropriate method of assessment, the Engineer
considered various alternatives. For example, an assessment only for all residential
improved property was considered but was determined to be inappropriate because
commercial, industrial and other property also receive benefits from the assessments.
Moreover, a fixed or flat assessment for all properties of similar type was deemed to be
inappropriate because larger properties receive a higher degree of benefit than other
similarly used properties that are significantly smaller. (For two properties used for
commercial purposes, there is clearly a higher benefit provided to the larger property in
comparison to a smaller commercial property because the larger property generally
supports a larger building and has higher numbers of employees, customers and guests
that would benefit from well maintained and improved parks and recreational facilities.
This benefit ultimately flows to the property.) Larger parcels, therefore, receive an
increased benefit from the assessments.
As stated previously, the special benefits derived from the assessments are conferred
on property and are not based on a specific property owner's use of the improvements,
or a specific property owner's occupancy of property or the property owner's
demographic status such as age or number of dependents. However, it is ultimately
people who value the special benefits described above, use and enjoy the City's park
and recreational facilities and control property values by placing a value on the special
benefits to be provided by the improvements. In other words, the benefits derived to
property are related to the average number of people who could potentially live on, work
at or otherwise could use a property, not how the property is currently used by the
present owner. Therefore, the number of people who could or potentially live on, work at
or otherwise use a property is an indicator of the relative level of benefit received by a
property.
Therefore, the Engineer determined that the appropriate method of assessment should
be based on the type of property, the relative size of the property and the potential use
of property by residents and employees. This method is further described below.
City of Moorpark Parks Maintenance and Recreation Improvement District 05124100
Engineer's Report, Fiscal Year 2000 -01, by Shilts Consultants, Inc. Page 10
1. Residential Properties
All improved residential properties that represent a single residential dwelling unit are
assigned one Single Family Equivalent or 1.0 SFE. Traditional houses, zero -lot line
houses arrd-townhomes are included in this category.
Properties with more than one residential unit are designated as multi- family residential
properties. These properties benefit from the improvements in proportion to the number
of dwelling units that occupy each property and the average number of people who
reside in multi- family residential units versus the average number of people who reside
in a single family home. The population density factors for the City of Moorpark, as
depicted below, provide the basis for determining the SFE factors for residential
properties. Using the total population in a certain property type within the City of
Moorpark from the 1990 Census and dividing it by the total number of such households,
finds that approximately 3.54 persons occupy each single family residence, whereas an
average of 2.78 persons occupy each multi - family residence. Using the ratio of one SFE
for each single - family residence, which equates to one SFE for every 3.54 persons, 0.78
SFE would equate to one multi - family unit or 0.78 SFE for every 2.78 residents.
Likewise, using the average population density ratios for other types of residential
property, each condominium unit receives 0.80 SFE and each mobile home receives
0.65 SFE.
Table 1
Residential Assessment Factors
Source: 1990 Census, City of Moorpark
2. Commercia!/Industrial Properties
SFE values for commercial and industrial land uses are based on the equivalence of
special benefit on a land area basis between single family residential property and the
City of Moorpark Parks Maintenance and Recreation Improvement District 05124100
Engineer's Report, Fiscal Year 2000 -01, by Shilts Consultants, Inc. Page I I
Total
Population
Occupied
Households
Persons
per Household
SFE
Facto
Single Family Residential
20,105
5,679
3.54
1.00
Condominium
2,361
835
2.83
0.80
Multi - Family Residential
2,155
776
2.78
0.78
Mobile Homes
672
292
2.30
0.65
Source: 1990 Census, City of Moorpark
2. Commercia!/Industrial Properties
SFE values for commercial and industrial land uses are based on the equivalence of
special benefit on a land area basis between single family residential property and the
City of Moorpark Parks Maintenance and Recreation Improvement District 05124100
Engineer's Report, Fiscal Year 2000 -01, by Shilts Consultants, Inc. Page I I
average commercial /industrial property. The SFE values for various commercial and
industrial land uses are further defined by using average employee densities because
the special benefit factors described previously are also related to the average number
of people who work at commercial /industrial properties.
In order to determine employee density factors, the findings from the San Diego
Association of Governments Traffic Generators Study (the "SANDAG Study ") are used
because these findings were approved by the State Legislature for use in justifying
commercial and industrial school facilities fees and are considered to be a good
representation of the average number of employees per acre of land area for
commercial and industrial properties. As determined by the SANDAG Study, the
average number of employees per acre for commercial and industrial property is 35.
In comparison, the average number of people residing in a single family home in the
area is 3.54. Since the average lot size for a single family home in Moorpark is
approximately 0.17 acres, the average number of residents per acre of residential
property is 21.3
The employee density per acre is generally 1.7 times the population density of single
family residential property per acre (35 employees per acre / 21 residents per acre).
Therefore, the average employee density can be used as the basis for allocating benefit
to commercial or industrial property since a property with 1.7 employees receives
generally similar special benefit to a residential property with 1 resident. This factor of
equivalence of benefit between 1 resident to 1.7 employees is the basis for allocating
commercial /industrial benefit. Table 2 shows the average employees per acre of land
area or portion thereof for commercial and industrial properties and lists the relative SFE
factors per fifth acre for properties in each land use category.
Commercial and industrial properties in excess of 5 acres generally involve uses that are
more land intensive relative to building areas and number of employees (lower coverage
ratios). As a result, the benefit factors for commercial and industrial property land area
in excess of 5 acres is determined to be the SFE rate per fifth acre for the first 5 acres
and the relevant SFE rate per each additional acre over 5 acres.
Institutional properties that are used for residential, commercial or industrial purposes
are also assessed at the appropriate residential, commercial or industrial rate.
3 . Average lot size determined by an analysis of real property maps and Ventura County
assessor parcel data.
City of Moorpark Parks Maintenance and Recreation Improvement District 05124100
Engineer's Report, Fiscal Year 2000 -01, by Shilts Consultants, Inc. Page 12
Table 2
Commercial /Industrial Assessment Factors
1. Source: San Diego Association of Governments Traffic Generators Study.
2. The SFE factors for commercial and industrial parcels are applied by the fifth
acre of land area or portion thereof. (Therefore, the minimum assessment for
any assessable parcel in these categories is the SFE Units listed herein.)
3. Vacant Residential Land
The benefits to be received from the construction and maintenance of recreational
facilities throughout the City include active benefits which are related to the use and
enjoyment of property in the City and passive benefits which are related to the
underlying land. An example of a passive benefit is enhancement of property value that
will accrue to a vacant parcel from the park maintenance and improvements based on its
future potential use. Another example of a passive benefit factor is increased economic
activity because all properties in areas with increased economic activity are generally
more valuable. Undeveloped property also benefits from the installation and
maintenance of recreational facilities because when the property is developed, the
recreational facilities will be available to the developed property.
The benefit to vacant properties is determined to be proportional to the corresponding
benefits for similar type developed properties. It is reasonable to assume that
approximately 25% of the benefits are related to the underlying land and 75% are related
to the day to day use of the property. Using this ratio, the SFE factor for vacant parcels
is 0.25 per parcel.
As properties are approved for development, their value increases. Likewise, the special
benefits received by vacant property increases as the property is approved for
development, or becomes closer to being fully improved. When property moves from
vacant status to the point at which a development application and engineering plans
have been submitted to the City for approval, such property is deemed to receive 35% of
the relative benefits that would be received by the property after it is fully improved or
City of Moorpark Parks Maintenance and Recreation Improvement District 05124100
Engineer's Report, Fiscal Year 2000 -01, by Shilts Consultants, Inc. Page 13
Average
SFE Units
Type of Comm ercialllndustrial
Employees
per
Land Use
Per Acre'
115 Acre 2
Commercial
24
0.7
Office
68
1.9
Shopping Center
24
0.7
Industrial
24
0.7
Self Storage or Parking Lot
1
0.03
1. Source: San Diego Association of Governments Traffic Generators Study.
2. The SFE factors for commercial and industrial parcels are applied by the fifth
acre of land area or portion thereof. (Therefore, the minimum assessment for
any assessable parcel in these categories is the SFE Units listed herein.)
3. Vacant Residential Land
The benefits to be received from the construction and maintenance of recreational
facilities throughout the City include active benefits which are related to the use and
enjoyment of property in the City and passive benefits which are related to the
underlying land. An example of a passive benefit is enhancement of property value that
will accrue to a vacant parcel from the park maintenance and improvements based on its
future potential use. Another example of a passive benefit factor is increased economic
activity because all properties in areas with increased economic activity are generally
more valuable. Undeveloped property also benefits from the installation and
maintenance of recreational facilities because when the property is developed, the
recreational facilities will be available to the developed property.
The benefit to vacant properties is determined to be proportional to the corresponding
benefits for similar type developed properties. It is reasonable to assume that
approximately 25% of the benefits are related to the underlying land and 75% are related
to the day to day use of the property. Using this ratio, the SFE factor for vacant parcels
is 0.25 per parcel.
As properties are approved for development, their value increases. Likewise, the special
benefits received by vacant property increases as the property is approved for
development, or becomes closer to being fully improved. When property moves from
vacant status to the point at which a development application and engineering plans
have been submitted to the City for approval, such property is deemed to receive 35% of
the relative benefits that would be received by the property after it is fully improved or
City of Moorpark Parks Maintenance and Recreation Improvement District 05124100
Engineer's Report, Fiscal Year 2000 -01, by Shilts Consultants, Inc. Page 13
developed. Thus the SFE factor for property with proposed development applications is
35% of the rate that would be applied to the property when it is fully developed.
At the second stage towards development, tentative parcel maps and site development
plans are approved for the property. At this point, the property is at the final stage and
can shor-fly undergo construction. Since the property is nearing the point of
development, its special benefits increase. The Engineer has determined that the
relative level of benefit for approved property is 65% of the rate for similar developed
property. Therefore, all approved property is assigned an SFE factor that is equal to
65% of the SFE factor that would be applied to the property after it is fully developed.4
4. Other Properties
All properties that are specially benefited are assessed. Public right -of -way parcels,
well, reservoir or other water rights parcels, limited access open space parcels,
watershed parcels and common area parcels typically do not generate employees,
residents, customers or guests. Moreover, many of these parcels have limited economic
value and, therefore, do not benefit from specific enhancement of property value. Such
parcels are, therefore, not specially benefited and are not assessed.
Church parcels, school parcels and other properties used for educational purposes
typically generate a lower number of employees than other non - residential parcels.
Moreover, many of these parcels provide some degree of on -site amenities that serve to
offset some of the benefits from the Parks Maintenance and Improvement District.
Therefore, these parcels receive minimal benefit and are assessed an SFE factor of 1.
Publicly or institutionally owned property that is used for residential, commercial, office or
industrial purposes benefits from the assessments at the same level as any other
similarly used property that is privately owned. Therefore, such publicly or institutionally
owned property is assessed at the same rate as other similarly *used property.
" . For example, if a property is proposed for development of 100 single family homes, the SFE
factor would be 100 SFE'35 %, which equals 35 SFE. After the property is approved for
development, the SFE factor would be 65 (100 SFE upon completion' 65 %). The rates for
commercial and industrial property are applied similarly.
City of Moorpark Parks Maintenance and Recreation Improvement District 05124100
Engineer's Report, Fiscal Year 2000 -01, by Shilts Consultants, Inc. Page 14
S. Appeals and Interpretation
Any property owner who feels that the assessment levied on the subject property is in
error as a result of incorrect information being used to apply the foregoing method of
assessment,- ay file a written appeal with the Director of Community Services or her or
his designee. Any such appeal is limited to correction of an assessment during the then
current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal,
the Director of Community Services or his or her designee will promptly review the
appeal and any information provided by the property owner. If the Director of
Community Services or her or his designee finds that the assessment should be
modified, the appropriate changes shall be made to the assessment roll. If any such
changes are approved after the assessment roll has been filed with the County for
collection, the Director of Community Services or his or her designee is authorized to
refund to the property owner the amount of any approved reduction. Any property owner
who disagrees with the decision of the Director of Community Services or her or his
designee, may refer their appeal to the City Council of the City of Moorpark and the
decision of the City Council of the City of Moorpark shall be final.
City of Moorpark Parks Maintenance and Recreation Improvement District 05124100
Engineer's Report, Fiscal Year 2000 -01, by Shilts Consultants, Inc. Page 15
VL ASSESSMENT
WHEREAS, on February 16, 2000 the City Council of the City of Moorpark,
County o#.- eatura, California, pursuant to the provisions of the Landscaping and
Lighting Act of 1972 and Article XIIID of the California Constitution (collectively "the
Act "), adopted its Resolution Initiating Proceedings For the Formation of a Parks &
Recreation Maintenance and Improvement District;
WHEREAS, said Resolution directed the undersigned Engineer of Work to
prepare and file a report presenting an estimate of costs, a diagram for the assessment
district and an assessment of the estimated costs of the improvements upon all
assessable parcels within the assessment district, to which Resolution and the
description of said proposed improvements therein contained, reference is hereby made
for further particulars;
NOW, THEREFORE, the undersigned, by virtue of the power vested in me under
said Act and the order of the City Council of said City of Moorpark, hereby make the
following assessment to cover the portion of the estimated cost of said improvements,
and the costs and expenses incidental thereto to be paid *by the assessment district.
The amount to be paid for said improvements and the expense incidental thereto,
to be paid by the Parks & Recreation Maintenance and Improvement District for the
fiscal year 2000 -01 is generally as follows:
SUMMARY COST ESTIMATE
Parks Maintenance and Improvement
Incidentals, Allowance and Administration Expenses
TOTAL BUDGET
Less:
City Contribution for General and Special Benefits
NET AMOUNT TO ASSESSMENTS
F. Y. 2000 -01
Budget
$865,665
$43,744
$909,409
-$441,377
$468,032
As required by the Act, an Assessment Diagram is hereto attached and made a
part hereof showing the exterior boundaries of said Parks & Recreation Maintenance
and Improvement District. The distinctive number of each parcel or lot of land in the said
Parks & Recreation Maintenance and Improvement District is its Assessor Parcel
Number appearing on the Assessment Roll.
City of Moorpark Parks Maintenance and Recreation Improvement District 0525100
Engineer's Report, Fiscal Year 2000 -01, by Shilts Consultants, Inc. Page 16
And I do hereby assess and apportion said net amount of the cost and expenses
of said improvements, including the costs and expenses incident thereto, upon the
parcels and lots of land within said Parks & Recreation Maintenance and Improvement
District, in accordance with the special benefits to be received by each parcel or lot, from
the improvements, and more particularly set forth in the Cost Estimate and Method of
Assessmept4;ereto attached and by reference made a part hereof.
The assessment is made upon the parcels or lots of land within the Parks &
Recreation Maintenance and Improvement District in proportion to the special benefits to
be received by the parcels or lots of land, from said improvements.
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, with a
maximum annual adjustment not to exceed 3 %. The annual increase for fiscal year
2000 -01 is 2.3 %.
Each parcel or lot of land is described in the Assessment Roll by reference to its
parcel number as shown on the Assessor's Maps of the County of Ventura for the fiscal
year 2000 -01. For a more particular description of said property, reference is hereby
made to the deeds and maps on file and of record in the office of the County Recorder of
said County.
I hereby place opposite the Assessor Parcel Number for each parcel or lot within
the Assessment Roll, the amount of the assessment for the fiscal year 2000 -01 for each
parcel or lot of land within the said Parks & Recreation Maintenance and Improvement
District.
Dated: May 24, 2000
QsoFESS /o
v, Z
Q m
UA
No. 14,084
CIV
\�F CAt
Engineer of Work
By J A1O
JoseO L. ShIts, License No. C14084
City of Moorpark Parks Maintenance and Recreation Improvement District 05124100
Engineer's Report, Fiscal Year 2000 -01, by Shilts Consultants, Inc. Page 17
Vll. Assessment Diagram
The Park—s-&-Re-creation Maintenance and Improvement District includes all properties
within the boundaries of the City of Moorpark. The area within the boundaries of the City
encompasses approximately 12.4 square miles, the majority of which is developed for
urban use, planned or approved for development.
The boundaries of the Parks Maintenance and Improvement District are displayed on the
following Assessment Diagram.
City of Moorpark Parks Maintenance and Recreation Improvement District 05124100
Engineer's Report, Fiscal Year 2000 -01, by Shilts Consultants, Inc. Page 18
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FILED IN THE OFFICE OF THE CITY CLERK OF THE
.t I , ; "• PI '"~ CITY OF MOORPARK, COUNTY OF VENTURA,
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"" THI S DAY OF .2000.
1
Arroyo Vista
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Corn. Pk CITY CLERK
RECORDED IN THE OFFICE OF THE DIRECTOR
COMMUNITY SERVICES OF THE CITY Of MOORPARK,
I1!�ugtaWO.J6w.4 NP � (� ! ` ' "» ; COUNTY OF VENTURA, CALIFORNIA, THIS
( DAY OF 2000.
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"•� � I• { q.n„wM`� �I �. .IM „` � I w . � . .Y•,. o.N'+'n +w � 1 '�
o try TdIJP 4, •»� 1- °^” �' „`:`"" Fj� °' S DIRECTOR OF COMMUNITY SERVICES
•` .. �� I `•.,,e.. ; �,�,,,,y �•:, reaw„ •w•� 1.i, �
AN ASSESSMENT WAS CONFIRMED AND
LEVIED BY THE CITY COUNCIL OF THE CITY OF
Note:
REFERENCE IS HEREBY MADE TO THE MAPS AND DEEDS
OF RECORD IN THE OFFICE OF THE ASSESSOR OF THE
COUNTY OF VENTURA FOR A DETAILED DESCRIPTION OF
THE LINES AND DIMENSIONS OF ANY PARCELS SHOWN
HEREIN. THOSE MAPS SHALL GOVERN FOR ALL DETAILS
CONCERNING THE LINES AND DIMENSIONS OF SUCH PARCELS.
EACH PARCEL IS IDENTIFIED IN SAID MAPS BY ITS DISTINCTIVE
ASSESSOR'S PARCEL NUMBER.
Legend
= Parks
Q Assessment Boundary Line
Streets
'��� Raliroads
Stilts Consultants, Inc. '
2300 Boyntanr Avemte, Suite 201 _ - - -.
!'airfield, CA 94533
FILED THIS DAY OF
2000, AT THE HOUR OF O'CLOCK
_. M. IN THE OFFICE OF THE COUNTY
AUDITOR OF THE COUNTY OF VENTURA,
STATE OF CALIFORNIA, AT THE REQUEST OF
THE CITY OF MOORPARK CITY COUNCIL.
COUNTY AUDITOR, COUNTY OF VENTURA
MOORPARK ON THE LOTS, PIECES AND PARCELS
OF LAND ON THIS ASSESSMENT DIAGRAM ON THE
DAY OF 12000
FOR FISCAL YEAR 2000 -01 AND SAID ASSESSMENT
DIAGRAM AND THE ASSESSMENT ROLL FOR SAID
FISCAL YEAR WERE FILED IN THE OFFICE OF THE
COUNTY AUDITOR Of THE COUNTY OF VENTURA ON
THE DAY OF
2000. REFERENCE IS HEREBY MADE TO SAID
RECORDED ASSESSMENT ROLL FOR THE EXACT
AMOUNT OF EACH ASSESSMENT LEVIED AGAINST
EACH PARCEL OF LAND.
CITY CLERK
CITY OF MOORPARK
PARKS & RECREATION MAINTENANCE AND IMPROVEMENT DISTRICT,
ASSESSMENT DIAGRAM J
Vlll. Appendix A --1972 ACT APPLICATION
If approved,. -the- Park Maintenance and Improvement District, through the Act, would collect
special benefit assessments and provide funding for theinstallation, maintenance and servicing
of park and recreational facilities in the City. The assessments are levied on the basis of benefit
and are considered an assessment, not a tax. Pertinent excerpts from the Act are included
below.
§22500 Short Title
This part shall be known and may be cited as the "Landscaping and Lighting Act
of 1972."
§22503 Assessment district; benefited territory
An assessment district shall consist of all territory which, as determined by the
legislative body, will be benefited by the improvements and is to be assessed to
pay the costs thereof.
§22504 Assessment District; territory within local agency
An assessment district may consist of all or any part of the territory within the
local agency and, in the case of a county, may consist of all or any part of the
unincorporated territory of the county.
§22505 Assessment district; contiguous or non - contiguous territory
An assessment district may consist of contiguous or non - contiguous areas. The
improvement in one area need not be of benefit to other areas.
§22523 Engineer
"Engineer" means the city engineer, county engineer, engineer of the district, or
any person designated by the legislative body as the engineer for the purposes
of this part, including officer, board, or employee of the local agency or any
private person or firm specially employed by the Local agency as engineer for the
purposes of this part. (Revised by Article XIIID of the California Constitution)
§22525 Improvement
"Improvement" means one or any combination of the following:
(a) The installation of planting or landscaping.
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(b) The installation or construction of statuary, fountains, or other ornamental
structures and facilities.
(c) The installation or construction of public lighting facilities, including, but not
---- limited to, traffic signals.
(d) The installation or construction of any facilities which are appurtenant to and
of the foregoing or which are necessary or convenient for the maintenance or
servicing thereof, including, but not limited to, grading, clearing, removal of
debris, the installation or construction of curbs, gutters, walls, sidewalks, or
paving, or water, irrigation, drainage, or electrical facilities.
(e) The installation of park or recreational improvements, including but not limited
to all of the following:
(1) Land preparation, such as grading, leveling, cutting and filling sod
landscaping, irrigation systems, sidewalks, and drainage.
(2) Lights, playground equipment, play courts, and public restrooms.
(f) The maintenance or servicing or both, of any of the foregoing.
(g) The acquisition of land for park, recreational or open -space purposes.
(h) The acquisition of any existing improvement otherwise authorized pursuant to
this section.
§22569 Estimates of costs; content
The estimate of the costs of the improvements for the fiscal year shall contain
estimates for all of the following:
(a) The total costs for improvements to be made that year, being the total costs
of constructing or installing all proposed improvements and of maintaining and
servicing all existing and proposed improvements, including all incidental
expenses. This may include a reserve which shall not exceed the estimated
costs of maintenance and servicing to December 10 of the fiscal year, or
whenever the city expects to receive its apportionment of special assessments
and tax collections from the county, whichever is later.
(b) The amount of any surplus or deficit in the improvement fund to be carried
over from a previous fiscal year.
(c) The amount of any contributions to be made from sources other than
assessments levied pursuant to this chapter.
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(d) The amount, if any, of the annual installment for the fiscal year where the
legislative body has ordered an assessment for the estimated cost of any
improvements to be levied and collected in annual installments.
(e) The net amount to be assessed upon assessable lands within the
assessment district, being the total improvement costs, as referred to in
subdivision (a), increased or decreased, as the case may be, by any of the
amounts referred to in subdivision (b), (c), or (d).
§22573 Net amount; apportionment
The net amount to be assessed upon lands within an assessment district may be
apportioned by any formula or method which fairly distributes the net amount
among all assessable lots or parcels in proportion to the estimated benefits to be
received by each such lot or parcel from the improvements.
The determination of whether or not a lot or parcel will benefit from the
improvements shall be made pursuant to the Improvement Act of 1911 Division 7
(commencing with Section 5000).
§22574 Classification into zones
The diagram and assessment may classify various areas within an assessment
district into different zones where, by reason of variations in the nature, location,
and extent of the improvements, the various areas will receive differing degrees
of benefit from the improvements. A zone shall consist of all territory that will
receive substantially the same degree of benefit from the improvements.
§22605 Authority of Legislative Bodies
The Legislative body, either in a single proceeding or by separate proceedings,
may order one or any combination of the following changes of organization:
(a) The annexation of territory to an existing assessment district formed under
this part.
(b) The detachment of territory from an existing assessment district formed under
this part.
(c) The dissolution of an existing assessment district formed under this part.
(d) The consolidation into a single assessment district formed under this part any
combination of two or more of any of the following:
(1) An existing assessment district fonned pursuant to this part.
(2) An existing lighting, street lighting, maintenance, or tree planting
district formed pursuant to Chapter 26 (commencing with Section 5820) of
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Part 3 of Division 14, or Part 1 (commencing with Section 18000),
Part 2 (commencing with Section 18300), Part 3 (commencing with
Section 18600), or Part 4 (commencing with Section 19000) of Division
14, or Part 1 (commencing with Section 22000) of this division, or
pursuant to any procedural ordinance adopted by a charter city.
(e) The legislative body shall not, by annexation, detachment, dissolution, or
consolidation, alter the obligation of property owners to pay the principal of, and
interest on, bonded debt or notes issued pursuant to Section 22662.5. This
section does not prevent the lawful refunding of the bonded debt or notes or the
apportionment of assessments upon the division of properties assessed.
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IX. Appendix B - Article XIUD of the California Constitution
(Proposition 218)
Proposition 218 was approved by voters as a Constitutional Amendment on November 6, 1996.
It became Article XIIIC and Article XIIID of the California State Constitution and has imposed
additional requirements for assessment districts. Following is a summary of the Article.
CALIFORNIA CONSTITUTION ARTICLE 13D
(ASSESSMENT AND PROPERTY - RELATED FEE REFORM)
SECTION 1. Application. Notwithstanding any other provision of law, the provisions of
this article shall apply to all assessments, fees and charges, whether imposed pursuant
to state statute or local government charter authority. Nothing in this article or Article
XIIIC shall ce construed to:
(a) Pro,iide any new authority to any agency to impose a tax, assessment, fee, or
charge.
(b) Affect existing laws relating to the imposition of fees or charges as a condition of
property development.
(c) Affect existing laws relating to the imposition of timber yield taxes.
CALIFORNIA CONSTITUTION ARTICLE 13D
(ASSESSMENT AND PROPERTY - RELATED FEE REFORM)
SEC. 2. Definitions.
As used in this article:
(a) "Agency" means any local government as defined in subdivision (b) of Section 1
of Article XIIIC.
(b) "Assessment" means any levy or charge upon real property by an agency for a
special benefit conferred upon the real property. "Assessment' includes, but is
not !imited to, "special assessment," "benefit assessment," "maintenance
assessment' and "special assessment tax."
(c) "Capital cost" means the cost of acquisition, installation, construction,
reconstruction, or replacement of a permanent public improvement by an agency.
(d) "District' means an area determined by an agency to contain all parcels which will
receive a special benefit from a proposed public improvement or property - related
service.
(e) "Fee" or "charge" means any levy other than an ad valorem tax, a special tax, or
an assessment, imposed by an agency upon a parcel or upon a person as an
incident of property ownership, including a user fee or charge for a property
related service.
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(f) "Maintenance and operation expenses" means the cost of rent, repair,
replacement, rehabilitation, fuel, power, electrical current, care, and supervision
necessary to properly operate and maintain a permanent public improvement.
(g) "Property ownership" shall be deemed to include tenancies of real property where
tenants -are directly liable to pay the assessment, fee, or charge in question.
(h) "Property- related service" means a public service having a direct relationship to
property ownership.
(i) "Special benefit" means a particular and distinct benefit over and above general
benefits conferred on real property located in the district or to the public at large.
General enhancement of property value does not constitute "special benefit."
CALIFORNIA CONSTITUTION ARTICLE 13D
(ASSESSMENT AND PROPERTY - RELATED FEE REFORM)
SEC. 3. Property Taxes, Assessments, Fees and Charges Limited.
(a) No tax, assessment, fee, or charge shall be assessed by any agency upon any
parcel of property or upon any person as an incident of property ownership
except: (1) The ad valorem property tax imposed pursuant to Article XIII and
Article XIIIA. (2) Any special tax receiving a two - thirds vote pursuant to Section 4
of Article XIIIA. (3) Assessments as provided by this article. (4) Fees or charges
for property related services as provided by this article.
(b) For purposes of this article, fees for the provision of electrical or gas service shall
not be deemed charges or fees imposed as an incident of property ownership.
CALIFORNIA
CONSTITUTION ARTICLE 13D
(ASSESSMENT AND PROPERTY - RELATED FEE REFORM)
SEC. 4. Procedures and Requirements for All Assessments.
(a) An agency which proposes to levy an assessment shall identify all parcels which
will have a special benefit conferred upon them and upon which an assessment
will be imposed. The proportionate special benefit derived by each identified
parcel shall be determined in relationship to the entirety of the capital cost of a
public improvement, the maintenance and operation expenses of a public
improvement, or the cost of the property related service being provided. No
assessment shall be imposed on any parcel which exceeds the reasonable cost
of the proportional special benefit conferred on that parcel. Only special benefits
are assessable, and an agency shall separate the general benefits from the
special benefits conferred on a parcel. Parcels within a district that are owned or
used by any agency, the State of California or the United States shall not be
exempt from assessment unless the agency can demonstrate by clear and
convincing evidence that those publicly owned parcels in fact receive no special
benefit.
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(b) All assessments shall be supported by a detailed engineer's report prepared by a
registered professional engineer certified by the State of California.
(c) The amount of the proposed assessment for each identified parcel shall be
calculated and the record owner of each parcel shall be given written notice by
mail of the proposed assessment, the total amount thereof chargeable to the
entire district, the amount chargeable to the owner's particular parcel, the
duration of the payments, the reason for the assessment and the basis upon
which the amount of the proposed assessment was calculated, together with the
date, time, and location of a public hearing on the proposed assessment. Each
notice shall also include, in a conspicuous place thereon, a summary of the
procedures applicable to the completion, return, and tabulation of the ballots
required pursuant to subdivision (d), including a disclosure statement that the
existence of a majority protest, as defined in subdivision (e), will result in the
assessment not being imposed.
(d) Each notice mailed to owners of identified parcels within the district pursuant to
subdivision (c) shall contain a ballot which includes the agency's address for
receipt of the ballot once completed by any owner receiving the notice whereby
the owner may indicate his or her name, reasonable identification of the parcel,
and his or her support or opposition to the proposed assessment.
(e) The agency shall conduct a public hearing upon the proposed assessment not
less than 45 days after mailing the notice of the proposed assessment to record
owners of each identified parcel. At the public hearing, the agency shall consider
all protests against the proposed assessment and tabulate the ballots. The
agency shall not impose an assessment if there is a majority protest. A majority
protest exists if, upon the conclusion of the hearing, ballots submitted in
opposition to the assessment exceed the ballots submitted in favor of the
assessment. In tabulating the ballots, the ballots shall be weighted according to
the proportional financial obligation of the affected property.
(f) In any legal action contesting the validity of any assessment, the burden shall be
on the agency to demonstrate that the property or properties in question receive
a special benefit over and above the benefits conferred on the public at large and
that the amount of any contested assessment is proportional to, and no greater
than, the benefits conferred on the property or properties in question.
(g) Because only special benefits are assessable, electors residing within the district
who do not own property within the district shall not be deemed under this
Constitution to have been deprived of the right to vote for any assessment. If a
court determines that the Constitution of the United States or other federal law
requires otherwise, the assessment shall not be imposed unless approved by a
two- thirds vote of the electorate in the district in addition to being approved by the
property owners as required by subdivision (e).
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CALIFORNIA CONSTITUTION ARTICLE 13D
(ASSESSMENT AND PROPERTY - RELATED FEE REFORM)
SEC. 5. Effective Date.
Pursuant to subdivision (a) of Section 10 of Article II, the provisions of this article shall
become a ec ive the day after the election unless otherwise provided. Beginning July 1,
1997, all existing, new, or increased assessments shall comply with this article.
Notwithstanding the foregoing, the following assessments existing on the effective date
of this article shall be exempt from the procedures and approval process set forth in
Section 4:
(a) Any assessment imposed exclusively to finance the capital costs or maintenance
and operation expenses for sidewalks, streets, sewers, water, flood control,
drainage systems or vector control. Subsequent increases in such assessments
shall be subject to the procedures and approval process set forth in Section 4.
(b) Any assessment imposed pursuant to a petition signed by the persons owning all
of the parcels subject to the assessment at the time the assessment is initially
imposed. Subsequent increases in such assessments shall be subject to the
procedures and approval process set forth in Section 4.
(c) Any assessment the proceeds of which are exclusively used to repay bonded
indebtedness of which the failure to pay would violate the Contract Impairment
Clause of the Constitution of the United States.
(d) Any assessment which previously received majority voter approval from the
voters voting in an election on the issue of the assessment. Subsequent
increases in those assessments shall be subject to the procedures and approval
process set forth in Section 4.
CALIFORNIA CONSTITUTION ARTICLE 13D (ASSESSMENT AND PROPERTY -
RELATED FEE REFORM)
SEC. 6. Property Related Fees and Charges.
(a) Procedures for New or Increased Fees and Charges. An agency shall follow the
procedures pursuant to this section in imposing or increasing any fee or charge
as defined pursuant to this article, including, but not limited to, the following: (1)
The parcels upon which a fee or charge is proposed for imposition shall be
identified. The amount of the fee or charge proposed to be imposed upon each
parcel shall be calculated. The agency shall provide written notice by mail of the
proposed fee or charge to the record owner of each identified parcel upon which
the fee or charge is proposed for imposition, the amount of the fee or charge
proposed to be imposed upon each, the basis upon which the amount of the
proposed fee or charge was calculated, the reason for the fee or charge, together
with the date, time, and location of a public hearing on the proposed fee or
charge. (2) The agency shall conduct a public hearing upon the proposed fee or
charge not less than 45 days after mailing the notice of the proposed fee or
charge to the record owners of each identified parcel upon which the fee or
charge is proposed for imposition. At the public hearing, the agency shall
consider all protests against the proposed fee or charge. If written protests
City of Moorpark Parks Maintenance and Recreation Improvement District 0524100
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against the proposed fee or charge are presented by a majority of owners of the
identified parcels, the agency shall not impose the fee or charge.
(b) Requirements for Existing, New or Increased Fees and Charges. A fee or charge
shall not be extended, imposed, or increased by any agency unless it meets all of
the-#�ing requirements: (1) Revenues derived from the fee or charge shall not
exceed the funds required to provide the property related service. (2) Revenues
derived from the fee or charge shall not be used for any purpose other than that
for which the fee or charge was imposed. (3) The amount of a fee or charge
imposed upon any parcel or person as an incident of property ownership shall
not exceed the proportional cost of the service attributable to the parcel. (4) No
fee or charge may be imposed for a service unless that service is actually used
by, or immediately available to, the owner of the property in question. Fees or
charges based on potential or future use of a service are not permitted. Standby
charges, whether characterized as charges or assessments, shall be classified
as assessments and shall not be imposed without compliance with Section 4. (5)
No fee or charge may be imposed for general governmental services including,
but not limited to, police, fire, ambulance or library services, where the service is
available to the public at large in substantially the same manner as it is to
property owners. Reliance by an agency on any parcel map, including, but not
limited to, an assessor's parcel map, may be considered a significant factor in
determining whether a fee or charge is imposed as an incident of property
ownership for purposes of this article. In any legal action contesting the validity of
a fee or charge, the burden shall be on the agency to demonstrate compliance
with this article.
(c) Voter Approval for New or Increased Fees and Charges. Except for fees or
charges for sewer, water, and refuse collection services, no property related fee
or charge shall be imposed or increased unless and until that fee or charge is
submitted and approved by a majority vote of the property owners of the property
subject to the fee or charge or, at the option of the agency, by a two- thirds vote of
the electorate residing in the affected area. The election shall be conducted not
less than 45 days after the public hearing. An agency may adopt procedures
similar to those for increases in assessments in the conduct of elections under
this subdivision.
(d) Beginning July 1, 1997, all fees or charges shall comply with this section.
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t
X. Appendix C - 2000 -09 ASSESSMENT ROLL
An Assessment Roll (a listing of all parcels assessed within the Park Maintenance and
Improvement District and the amount of the assessment) will be filed with the City Clerk and is,
by reference, made part of this report and is available for public inspection during normal office
hours.
Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County
Assessor records and these records are, by reference made part of this report. These records
shall govern for all details concerning the description of the lots or parcels.
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