HomeMy WebLinkAboutAGENDA REPORT 2001 0321 CC REG ITEM 10AMOORPARK CITY
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REPORT by:
TO: The Honorable City Council
FROM: Kenneth C. Gilbert, Director of Public Works ��L" J
DATE: March 9, 2001 (CC Meeting 3- 21 -01)
SUBJECT: Petition
District
and Reso
District
Consider
District
IITORRUVE001
and Waiver for the Formation of Assessment
AD01 -2 [Tentative Tract 4928 (Toll Brothers)]
lution Approving the Engineer's Report for Said
and Setting the Date of a Public Hearing to
the Approval of the Assessments for Said
for FY 2001/02
A. Resolution of Intent
On February 21, 2001, the City Council approved Resolution No.
2001 -1817 initiating the process for the formation of the
subject Assessment District.
B. Petition and Waiver
A Petition and Waiver, signed by the owners of the property
subject to Tentative Tract 4928, has been received by the City
and is attached as Exhibit 1. That Petition and Waiver 1)
requests that the new assessment district be formed; and 2)
waives all rights conferred by Proposition 218 with respect to
the approval of the new assessment by Mail Ballot. The Petition
and Waiver has been approved, as to form, by the City Attorney.
C. Engineer's Report
Attached to the Petition and Waiver as Exhibit `A' is the final
draft Engineer's Report for Assessment District AD01 -2. The
Engineer's Report fully describes the new assessment district,
the areas to be maintained, the method of assessment and the
amount of the assessment.
Ad01 02 4928 report
gg ,
AD01 -02 (Tract 4928): Engineer's Report
March 9, 2001
Page 2
D. Assessment District: General Description
1. Improvements to be Included: The improvements to be
maintained by the Assessment District generally consist of
the landscaping and equestrian trail along and adjacent to
Street "C" - the major east -west street serving the project.
As defined and described in the Engineer's Report, the
improvements to be maintained generally consist of the
following:
• median landscaping;
• parkway landscaping within the street right -of -way;
• parkway landscaping outside of the street right -of -way;
• certain slope landscaping adjacent to the street right -
of -way on Street "C ";
• certain slope landscaping along the east side of Grimes
Canyon Road;
• the Equestrian Trail running along the south side of
Street "C" and the east side of Grimes Canyon Road; and
• the Equestrian Staging Area located on the east side of
Grimes Canyon Road.
2. Entry Statement -- Landscaping / Masonry: Certain
landscaping and masonry improvements at and near the two
entries will be included in the list of improvements to be
maintained by the assessment district.
3. Entry Statement -- Pavement Surfaces: The specialty pavement
surface improvements which the developer wishes to construct
at the two entrances to the development, are not included in
the list of improvements to be maintained by the City. The
maintenance of those specialty improvements, which are to be
constructed within the street right -of -way, will not be
funded by this or any other City assessment district. It is
the intent of the developer to request approval of an
encroachment permit to allow for the construction and
maintenance of these specialty improvements. Said future
maintenance would be provided by the future Homeowners'
Association for the area.
4. Benefit Spread Formula: The Benefit Spread Formula calls for
one -third of the total annual assessment to be levied upon
the Golf Course properties and the remaining two - thirds
levied upon the 216 residential lots. This allocation is
supported by the fact that approximately one -third of the
front footage of Street "C" is Golf Course property.
S. Estimated Annual Assessment: A summary of the annual
assessment amounts is as follows:
Description Per Lot Total
Residential Property $1,393+ 300,810
Golf Course N/A 150,382
$451,192
Ad01_02_4928_report
AD01 -02 [Tract 49281: Engineer's Report
March 9, 2001
Page 3
6. Assessment Amount vs. Levied Amount: Should it be determined
that all or any part of the approved assessment for any
given fiscal year is not required, the amount actually
levied upon the affected properties may be an amount less
that the approved assessment amounts.
7. Delinquent Assessments: Provisions are included in the
Engineer's Report which will allow the City to collect
delinquent assessments in any given year from other
properties within the District in subsequent years. With
these safeguards, should the Golf Course or any other
property fail to pay its assessment for any reason, that
uncollected assessment could be added to the budget in a
future year. In such case the assessment amount for the
residential or golf course properties would be increased.
Such increase would not require approval via Mail Ballot.
8. Cost of Living Adjustment: Provisions are included in the
Engineer's report which will allow the City to increase the
amount of the assessment in future years, if needed,
provided such increases do not exceed the increase to the
Consumer Price Index (CPI). In addition, said provisions
allow the City to assess, in any given year, any COLA
adjustment deferred in any prior year.
E. Resolution Approving Report and Setting Hearing
Attached as Exhibit 2 is a Resolution approving the Engineer's
Report for AD01 -2 and setting June 6, 2001, as the date of a
public hearing to consider the approval of the assessments set
forth therein.
STAFF RECOMMENDATIONS
1. Approve and accept the Petition and Waiver requesting the
formation of Assessment District AD01 -2 for Tract 4928.
2. Adopt Resolution No. 2001- approving the Engineer's Report
for AD01 -2 and setting June 6, 2001, as the date of a public
Hearing to consider the approval of the assessments described
in the Engineer's Report.
Attachments:
Exhibit 1: Petition and Waiver (with Engineer's Report)
Exhibit 2: Resolution Approving Engineer's Report
Ad01_02_4926_report q -y
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PETITION AND WAIVER
RE
FORMATION OF AN ASSESSMENT DISTRICT
FOR TRACT 4928
TO: The Honorable City Council
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
RE: Establishment of a Landscape Maintenance Assessment
District [ADO 1 -2) for Tract No. 4928
The undersigned is the record owner(s) in fee simple of all of the real property identified below
( "the Property"). The Property is located within the City of Moorpark ( "the City") and is the
subject of a tentative map ( "the Tentative Map ") for tract no. 4928 ( "the Tract "). Condition No.
19 of City Council Resolution No. 96 -1197 requires that certain improvements ( "the
Improvements "), which will come on line after the final map for the Tract is recorded, be
maintained by a homeowners' association formed by the undersigned or by an assessment
district formed by the City.
The undersigned hereby petitions the City Council of the City ( "the City Council ") to form a new
Landscape Maintenance Assessment District ( "the District ") for the purpose of having the City
maintain the Improvements at the expense of the undersigned and its successors -in- interest,
including the subsequent owners of the lots into which the Property is to be subdivided upon the
recordation of the final map for the Tract.
The undersigned hereby waives, for itself and its successors -in- interest, all of the rights
conferred upon the owners of real property under Article XIII D of the California Constitution
and the implementing statute at Article 4.6 of Chapter 4 of Part 1 of Division 2 of Title 5 of the
Government Code (commencing with Section 53750) (collectively "the Article "). The
undersigned also waives, for itself and its successors -in- interest, all of the rights conferred upon
the owners of real property under Chapter 2 of the Landscaping and Lighting Act of 1972
(commencing with Section 22500 of the Streets and Highways Code) ( "the Act ").
In executing this Petition and Waiver, the undersigns understands, agrees and acknowledges that:
1. The amount of the assessment chargeable to the entire District, the amount chargeable to
each lot into which the Property is to be subdivided upon the recordation of the final map for
the Tract, the duration of the payments, the reason for the assessment and the basis upon
which the amount of the assessment was calculated are set forth in the Engineer's Report for
the District, which is attached hereto and made a part hereof as Exhibit "A ".
2. The amount chargeable to the District, as set forth in Exhibit "A ", does not exceed the
reasonable cost of the special benefit conferred on the entire Property or Tract.
Petition and Waiver
Tract 4928
3. The amount chargeable to each lot, as set forth in Exhibit "A ", does not exceed the
reasonable cost of the proportional special benefit conferred on that lot.
In executing this Petition and Waiver, the undersigns warrants and represents that:
1. It has read the Article and has had an opportunity to have the Article, including the rights
conferred by the Article that are being waived pursuant to this Petition and Waiver, explained
to it by legal counsel of its choice;
2. It has read the Act and has had an opportunity to have the Act, including the rights conferred
by the Act that are being waived pursuant to this Petition and Waiver, explained to it by legal
counsel of its choice;
3. It has read this Petition and Waiver, has had the opportunity to have the Petition and Waiver
explained to it by legal counsel of its choice, knows and understands the rights that it is
waiving by this Petition and Waiver, knows and understands the legal effects of the Petition
and Waiver, and is not relying upon any representations by the City Council or any of the
officers, employees, servants or agents of the City.
The undersigned has submitted a check payable to the City in the amount of $5,000.00 ( "the
Deposit") to be used to pay the costs incurred by the City in 1) the development, processing and
approval of this Petition and Waiver, 2) the development and approval of the Engineer's Report
for the District (Exhibit `A') and other costs associated with the establishment of the District.
The undersigned further agrees to pay, upon demand, any costs incurred by the City in excess of
the Deposit.
THIS PETITION AND WAIVER IS KNOWIN LY, INTELLIGENTLY AN
VOLUNTARILY EXECUTED this FrN day of 2001 at
California.
TOLL CA L. P. A CALIFORNIA LIMITED
PARTNERSHIP BY TOLL CA GP CORP., A
CALIFORNIA CORPORATION, THE GENE
PARTNER
B
mes W. Bo ice Pr s' ent
The property that is subject to this Petition And WCve and owned (not leased or optioned) by
the above named owner(s) is Ventura County Assessment Parcel No(s).:
500 -0- 220 -075
500 -0-430 -015
500 -0- 430 -085
500 -0-440 -065
500 -0-440 -135
500 -0- 230 -015
500 -0-430 -025
500 -0- 430 -095
500 -0-440 -075
500 -0-440 -145
500 -0- 230 -065
500 -0-430 -035
500 -0 -440 -015
500 -0 -440 -085
500 -0- 440 -155
500 -0- 230 -125
500 -0- 430 -045
500 -0-440 -025
500 -0 -440 -095
500 -0-440 -165
500 -0- 240 -075
500 -0- 430 -055
500 -0-440 -035
500 -0 -440 -105
500 -0-440 -175
500 -0- 250 -115
500 -0- 430 -065
500 -0-440 -045
500 -0- 440 -115
500 -0-440 -185
500 -0- 260 -015
500 -0- 430 -075
500 -0-440 -055
500 -0-440 -125
-2-
Exhibit `A'
Engineer's Report
Assessment District ADO 1 -2
FY 2001/2002
CITY OF MOORPARK
City of Moorpark Landscaping and Lighting Maintenance Assessment District
No. AD -01 -2
ENGINEER'S REPORT
Fiscal Year 2001 -02
March 5, 2001
(Pursuant to the Landscaping and Lighting Act of 1972
and Article XIHD of the California Constitution)
Engineer of Work
Shilts Consultants, Inc.
2300 Boynton Avenue, Suite 201
Fairfield, CA 94533
(707) 426 -5016
SOO
CITY OF MOORPARK
City of Moorpark Landscaping and Lighting Maintenance Assessment District
No. AD -01 -2
TABLE OF CONTENTS
INTRODUCTION................................. »..»........... .......... »...» ...... ...» ......... » ................ „» .... ... ... » »... .... „ .......... 3
ILCERTIFICATES ....... »».»....»....» ................................................................................. ..............................4
HL PLANS & SPECIFICATIONS ..... ......... »................. »... ».».......„.... ..... „ .... ..»....».. »...... ».. » ................... 5
IV. FISCAL YEAR 2001 -02 ESTIMATE OF COST AND BUDGET ...................... ..............................6
V. METHOD OF APPORTIONMENT »„ . .......................... »...» ......... „........... --- „» ------------ » ---- ».. » „.». .......... —7
A. METHOD OF APPORTIONMENT .......................................................................................... ............................... 7
B. DISCUSSION OF BENEFIT .................................................................................................... ............................... 7
C. GENERAL VERSUS SPECIAL BENEFIT ............................................................................... ................. ............... 8
D. METHOD OF ASSESSMENT ................................................................................................. ............................... 8
E ASSESSMENT APPORTIONMENT ......................................................................................... ..............................9
1. Appeals and Interpretation .......................................................................................... .............................10
VLASSESSMENT ....................................... ....... ...... ... ........ ........»..» .......... ... ........................... .... » .............. II
VII. ASSESSMENT DIAGRAM .......»„ ..............................................»..»..........„............... .............................13
VIb APPENDIX A —1972 ACT APPLICATION..... ... ..... »... „ ....................»
IX. APPENDIX B— ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION... ..................... 19
X. APPENDIX C -2001-02 ASSESSMENT ROLL ................ ».» ........................................... ....» ................. 24
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I. INTRODUCTION
The City of Moorpark Landscaping and Lighting Assessment District No. AD -02 -1 (the
"District ") is proposed for formation to provide funding for the installation, maintenance and
improvement of the parkway, median and slope landscaping and related improvements
along and adjacent to Street "C" within Tentative Tract 4928 (Toll Brothers). This setback
District results from agreements or conditions of development approval between the City of
Moorpark and the property owner whereby the City and property owner agreed on setback
landscaping abutting the properties to reduce the visual impact of buildings on the
properties, to enhance public views and resources and to improve the appeal of the
community.
This Engineer's Report ( "Report") was prepared to establish the budget for the services
that would be funded by the proposed 2001 -02 assessments and to determine the benefits
received from the maintenance and improvements by property within the District and the
method of assessment apportionment to lots and parcels. This Report and the proposed
assessments have been made pursuant to the Landscaping and Lighting Act of 1972, Part
2 of Division 15 of the California Streets and Highways Code (the "Act ") and Article XIIID of
the California Constitution (the "Article "). For a more complete description of the Act and
the Article, please refer to Appendix A and Appendix B.
In lieu of a mailed ballot proceeding, the property owner will submit a Petition and Waiver to
the Council for approval. In submitting this document to the City, the property owner (1)
requests that the new assessment district be formed; and (2) waives all rights conferred by
Proposition 218 with respect to the approval of the new assessment by mailed ballot.
Following submittal of this Report and the property owner's Petition/Waiver to the City of
Moorpark City Council (the "Council ") for preliminary approval, the Council may, by
Resolution, call for a Public Hearing on the proposed establishment of assessments for
landscaping maintenance and improvements. The public hearing must be held for the
purpose of allowing public testimony regarding the proposed assessments. This hearing is
scheduled for June 6, 2001 at 6:30 p.m. At this hearing, the Council may take action to
form the District and to approve the levy of the assessments for fiscal year 2001 -02. If the
assessments are so confirmed and approved, the levies would be submitted to the County
Auditor /Controller in August 2001 for inclusion on the property tax roll for Fiscal Year 2001-
02.
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.
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD -01 -2 03106101
Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 3
CITY OF MOORPARK
Landscaping and Lighting Maintenance Assessment District No. AD -01 -2
II. CERTIFICATES
1. The 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 , 2001.
Engineer of 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
, 2001.
Clerk of the City Council
3. I, 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 , 2001, 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
2001.
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 2001 -02 was filed with me
on 2001.
County Auditor, County of Ventura
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD -01 -2 03/06/01
Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 4
L •J'L "[ A
III. PLANS & SPECIFICATIONS
The work and improvements proposed to be undertaken by the City of Moorpark
Landscaping and Lighting Maintenance Assessment District No. AD -01 -2 (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:
Within the landscaping and lighting district, the existing and proposed improvements are
generally described as the installation, maintenance and servicing of turf, ground cover,
shrubs and trees, irrigation systems, drainage systems, lighting, fencing, statuary,
fountains, and other ornamental structures and facilities, entry monuments and all
necessary appurtenances, and labor, materials, supplies, utilities and equipment, as
applicable, for property owned and maintained by the City of Moorpark located in or
adjacent to the properties contained within Tentative Tract 4928. Any plans and
specifications for these improvements will be filed with the City of Moorpark and are
incorporated herein by reference.
As applied herein, "maintenance" means the furnishing of services and materials for the
ordinary and usual maintenance, operation and servicing of said improvements,
including repair, removal or replacement of all or any part of any improvement; providing
for the life, growth, health, and beauty of landscaping, 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 the lighting or operation of any improvements; maintaining, operating and
servicing street and traffic safety lighting, and water for irrigation of any landscaping or
the maintenance of any other improvements.
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD -01 -2 03106101
Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page S
IV. FISCAL YEAR 2001 -02 ESTIMATE OF COST AND BUDGET
Description of Improvements
To maintain approximately 10,200 lineal feet
of landscaping including parkway, median and slope
landscaping and related improvements along and adjacent
to the street right -of -way on Street "C "; certain slope
landscaping along the east side of Grimes Canyon Road;
the Equestrian Trail running along the south side of Street "C"
and the east side of Grimes Canyon Road; and the Equestrian
Staging Area located on the east side of Grimes Canyon
Road.
Tentative Tract Map 4928 [Toll Brothers]
Estimate of Cost FY 2001 -02
Slope Landscape and Irrigation
Landscape Maintenance - Gentle Slopes
$239.136.00
Landscape Water
594,992.00
Median Landscape and Irrigation
Landscape Maintenance
$4,284.00
Landscape Water
5792.00
5' Wide Meandering Sidewalk
51,764.00
Landscape Water
5792.00
30' Wide Parkway Landscape 6 Irrigation
Landscape Maintenance
546,152.00
Landscape Water
$9,744.00
Two Landscape Entry Features ® $15.000 Each
Maintenance
51,200.00
Decorative Paving
5336.00
Administrative Costs
530,000.00
Reserve Contribution
s10,162.00
Total Budget
5439,354.00
Contingency (5 %)
$22.000.00
9
Budget to Assessment
Total Assessment Budget' 5461,350.08
Single Family Equivalent Benefit Units 3 2 4
Assessment per Single Family Equivalent Unit 5 1 .4 2 3.9 2
All assessments are rounded to lower even penny. Therefore, the budget amount slightly d'Iffers from
the assessment rate
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD -01 -2 03106101
Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 6
',� 0 C!
V. METHOD OF APPORTIONMENT
A. Method of Apportionment
This section of the Engineer's Report includes an ecplanation 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 City of Moorpark Landscaping and Lighting Maintenance District No. AD -01 -2.
The City of Moorpark Landscaping and Lighting Maintenance District No. AD -01 -2
consists of all Assessor Parcels within the boundaries of Tentative Tract 4928 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 City of Moorpark Landscaping and Lighting Maintenance District No.
AD -01 -2 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 District's
setback landscaping 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."
The following benefit categories summarize the types of special benefit to residential,
commercial, industrial and other lots and parcels resulting from the installation,
maintenance and servicing of landscaping improvements to be provided with the
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD -01 -2 03106101
Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 7
assessment proceeds. These categories of special benefit are derived from the statutes
passed by the California Legislature and other studies which describe the types of
special benefit received by property from maintenance and improvements such as those
proposed by the City of Moorpark Landscaping and Lighting Assessment District No.
AD -01 -2. These types of special benefit are summarized as follows:
A Protection of views, scenery and other resources values and environmental benefits
enjoyed by residents, customers and guests and preservation of public assets
maintained by the City.
B. Potential for increased economic opportunity.
C. Reduced cost of local government in law enforcement, public health care, and fire
prevention because improved and well- maintained facilities provide a healthy
alternative for youth and adult activities.
D. Enhanced quality of life and desirability of the area.
E. Specific enhancement of property values.
These benefit factors, when applied to property in the District, specifically increase the
value of the land within the District. For example, the assessments will provide. funding
to improve and maintain the landscaping adjoining the properties in the District. Such
improved and well- maintained setback landscaping enhances the overall quality and
desirability of the properties. In turn, property values are specifically enhanced by the
availability of improved and well - maintained landscaping in the area. In addition, the
setback landscaping allowed for the construction of buildings on the property with
reduced setbacks from the property lines than would otherwise be allowed pursuant to
City zoning requirements. Such reduced setbacks allow for greater improvement
coverage ratios, which specifically enhances the value of the properties in the District.
C. General versus Special Benerit
The proceeds from the City of Moorpark Landscaping and Lighting Assessment District
No. AD -01 -2 would be used to fund improvements and increased levels of maintenance
to the grounds adjoining the properties in the District. In absence of the City of Moorpark
Landscaping and Lighting Assessment District No. AD -01 -2, such improvements would
not be provided and the properties could be subject to increased setback requirements.
The District is specifically proposed for formation to provide additional and improved
public resources and reduced setbacks for property in the District. In absence of the
assessments, these public resources would not be created and revenues would not be
available for their continued maintenance and improvement. Therefore, the
assessments solely provide special benefit to property in the District over and above the
general benefits conferred by the general facilities of the City.
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
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD -01 -2 03106101
Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 8
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.
E. Assessment Apportionment
The proposed assessments for AD -01 -2 would provide direct and special benefit to
properties in this District. The properties within Tentative Tract 4928 consist of 216
residential single family dwellings that are either improved or proposed for development,
each of which receives similar benefit from the proposed improvements. In addition,
Tentative Tract 4928 contains two golf course parcels. These properties have frontages
totaling 10,200 lineal feet along Street "C" which contains slopes and landscaping in the
median and right of way that will be maintained by the proposed assessments. The
single family residential properties in the District have frontage on "C" Street in the
amount of 6,768 lineal feet, or 66.35% of the total frontage, while the golf course
properties have 3,432 lineal feet of frontage, or 33.65% of the total frontage. Based on
the relative proportion of front footage, combined with factors of benefit that accrue to
golf course properties, it has been determined that one third of the full benefit of the
assessment district will be realized by the golf course properties within Tentative Tract
4928. Therefore, the Engineer has determined that the appropriate method of
apportionment of the benefits derived by all parcels is on a SFE basis, with one third of
SFE units to be allocated to the golf course parcels, and the remaining two thirds of SFE
units to be allocated to the residential 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.
In the event that the annual assessment from a previous fiscal year for property in AD-
01-2 is delinquent and uncollected, the budget for the new fiscal year may be increased
by the amount of delinquent assessment, and the total budget, including the delinquent
assessments, may be allocated to all other non - delinquent properties on an SFE basis.
Any increase in the assessment on other properties in AD -01 -2 resulting from such
delinquent assessments, or the annual CPI adjustment, will be considered authorized
increases in the assessment and shall not require additional approval by property
owners through a mailed assessment ballot proceeding, pursuant to Article XIIID of the
California Constitution.
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD -01 -2 03106101
Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 9
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1. 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, may 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 Aborpark and the
decision of the City Council of the City of Moorpark shall be final.
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD -01 -2 03106101
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K ASSESSMENT
WHEREAS, on February 21, 2001 the City Council of the City of Moorpark,
County of Ventura, 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 Moorpark
Landscaping and Lighting Maintenance Assessment District No. AD -01 -2;
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 City of Moorpark Landscaping and Lighting Maintenance Assessment
District No. AD -01 -2 for the fiscal year 2001 -02 is generally as follows:
SUMMARY COST ESTIMATE
Parks Maintenance and Improvement
Incidentals, Contingency and Administration Expenses
TOTALBUDGET
Plus:
Contribution to Reserve Fund
F. Y. 2001 -02
Budget
$399,192.00
$52,000.00
$451,192.00
$10,162.00
NET AMOUNT TO ASSESSMENTS $461,354.00
As required by the Act, an Assessment Diagram is hereto attached and made a
part hereof showing the exterior boundaries of said City of Moorpark Landscaping and
Lighting Maintenance Assessment District No. AD -01 -2. The distinctive number of each
parcel or lot of land in the said City of Moorpark Landscaping and Lighting Maintenance
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD -01 -2 03106101
Engineer's Report, Fiscal Year 2001 -02, by Shills Consultants, Inc. Page 11
Assessment District No. AD -01 -2 is its Assessor Parcel Number appearing on the
Assessment Roll.
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 City of Moorpark Landscaping and Lighting
Maintenance Assessment District No. AD -01 -2, 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 Assessment hereto attached and by reference
made a part hereof.
The assessment is made upon the parcels or lots of land within the City of
Moorpark Landscaping and Lighting Maintenance Assessment District No. AD -01 -2 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 (the CPI). In
the event that the actual assessment rate for any given year is not increased by an
amount equal to the CPI change, any such deferred assessment increase may be added
to the total amount assessed in any subsequent year. In such event, the maximum
authorized assessment amount shall be equal to the base year assessment as adjusted
by the increase to the CPI, plus any and all CPI adjustments deferred in any and all prior
years. In addition, the annual adjustment may be increased due to delinquent
assessments on property in AD -01 -2 as specified in the Assessment Apportionment
section of this Engineer's Report.
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 2001 -02. 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 2001 -02 for each
parcel or lot of land within the said City of Moorpark Landscaping and Lighting
Maintenance Assessment District No. AD -01 -2.
Dated: March 5, 2001
Engineer of Work
By
Joseph L. Shilts, License No. C14084
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD -01 -2 03106101
Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 12
VII. Assessment Diagram
The boundaries of the City of Moorpark Landscaping and Lighting Assessment District
No. AD -01 -2 are displayed on the following Assessment Diagram.
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD -01 -2 03106101
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10 '7
01
RLED IN THE OFFICE OF THE CITY CLERK OF THE
CITY OF MOORPARK COUNTY OF VENTURA
CALIFORNIA,
THIS _ —_— DAYOF 2001.
----------- - - - - --
CITY CLERK
RECORDED IN THE OFFICE OF THE DIRECTOR
OF
COMMUNITY SERVICES OFT HE CITY OF MOORPARK,
COUNTY OF VENTURA CALIFORNIA, THIS -------
DAY OF ------------------ 2001.
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD -01 -2 03106101
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FILED THIS _______ DAY OF
---------------------------
DIRECTOR OF COMMUNITY SERVICES
2001. AT THE HOUR OF _________O'CLOCK
_ . M. IN TH E OF FIC E OF TH E COUNTY
AN ASSESSMENT WAS CONFIRMED A ND
Note:
AUDITOR OF THE COUNTY OF VENTURA,
LEVIEDBY THE CITY COUNCIL OF THE CITY OF
REFERENCE ISHEREBY MADETO THE MAPSAND DEEDS
STATE OF CALIFORNIA, AT THE REQUEST OF
MOORPARK ON THE LOTS. PIECES AND PARCELS
OF RECORD IN THE OFFICE OF THE ASSESSOR OF THE
THE CITY OF MOORPARK CITY COUNCIL.
OF LANDON THIS ASSESSMENT DIAGRAM ON THE
COUNTY OF VENTURA FOR A DETAILED DESCRIPTION OF
-
----- — DAYOF__- -_ - -_— ___,2001
THE LINES AND DIMENSIONS OF ANY PARCELS SHOWN
FOR FISCAL YEAR 2001 -02 AND SAID ASSESSMENT
HEREIN. THOSE MAPS SHALL GOVERN FOR ALL DETAILS
--------------- ---------------- —_
DIAGRAM AND THE ASSESSMENT ROLL FOR SAID
CONCERNING THE LINES AND DIMENSIONS OF SUCH PARCELS.
COUNTY AUDITOR, COUNTY OF VENTURA
RSCALYEAR WERE FLEDIN THE OFFICE OFTHE
E AC H PARC E L IS IDENTIFIED IN SAD MAPS BY ITS DISTINCTIVE
COUNTY AUDI TOR O F T HE CO UNT Y O F V EN TU R A ON
ASSESSOR'S PARCEL NUMBER.
THE DAY OF ------------ - ----
2001. REFERENCE IS HEREBY MADE TO SAO
CITY OF MOORPARK
ECRDED
AMOUNTO ASSESSMENT
SSESSM NTOLEVIEDAGAINST
SA Ill, C••.•r—t.,1— ASSSESSMENT DISTRICT NO. AD -01 -2
EACH PARCEL OF LAND.
..
I . 4 ..., S. It. ,.,
ASSESSMENT DIAGRAM
F fl,hf, A
CITY CLERK
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Vlll. Appendix A —1972 ACT APPLICATION
If approved, the Landscaping and Lighting Maintenance Assessment District, through the Act,
would collect special benefit assessments and provide funding for the installation, maintenance
and servicing of landscaping features within Tentative Tract 4928 [Toll Brothers]. 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:
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD -01 -2 03106101
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(a) The installation of planting or landscaping.
(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 formed pursuant to this part.
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is
(2) An existing lighting, street lighting, maintenance, or tree planting
district formed pursuant to Chapter 26 (commencing with Section 5820) of
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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!X. Appendix B - Article X111D 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 130
(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 be construed to:
(a) Provide 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 limited 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 publid
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 fr.)m assessment unless the agency can demonstrate by clear and
convincing evidence that those publicly owned parcels in fact receive no special
benefit.
(b) All assessments shall be supported by a detailed engineer's report prepared by a
registered professional engineer certified by the State of California.
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(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 effective 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
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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 following 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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�U�
X. Appendix C - 2001 -02 ASSESSMENT ROLL
An Assessment Roll (a listing of all parcels assessed within the Landscaping and Lighting
Assessment District and the amount of the assessment) has been filed with the City Clerk and
is, by reference, made part of this report and will be 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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. -cc
Exhibit 2
RESOLUTION NO. 2001 -
A RESOLUTION OF THE CITY OF MOORPARK, CALIFORNIA,
OF INTENTION TO LEVY ASSESSMENTS FOR FISCAL YEAR
2001 -02, PRELIMINARILY APPROVING ENGINEER'S
REPORT, AND PROVIDING FOR NOTICE OF HEARING FOR
ASSESSMENT DISTRICT AD -01 -2
THE CITY COUNCIL OF THE CITY OF MOORPARK (the "City ") DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. On February 21, 2001, the Moorpark City Council
adopted Resolution No. 2001 -1817, a Resolution initiating
proceedings for the formation of the City of Moorpark
Landscaping and Lighting Assessment District No. AD -01 -2
pertaining to the properties within Tentative Tract 4928 [Toll
Brothers] and directing preparation of an Annual Report.
Pursuant to this resolution, Shilts Consultants, Inc., the
Engineer of Work, prepared an Engineer's Report in accordance
with Section 22565, et. seq., of the Streets and Highway Code
(the "Report ") and Article XIIID of the California
Constitution. The Report has been made, filed with the City
Clerk and duly considered by the City Council and is hereby
deemed sufficient and preliminarily approved. The Report shall
stand as the Engineer's Report for all subsequent proceedings
under and pursuant to the foregoing resolution.
SECTION 2. It is the intention of the City Council to
levy and collect assessments within the District for fiscal
year 2001 -02. Within the landscaping and lighting district,
the existing and proposed improvements are generally described
as the installation, servicing, and maintenance of turf, ground
cover, shrubs, and trees, irrigation systems, drainage systems,
lighting, fencing, statuary, fountains, and other ornamental
structures and facilities, entry monuments and all necessary
appurtenances, as applicable, for property owned or maintained
by the City of Moorpark located in or adjacent to the
properties contained within Tentative Tract 4928. Maintenance
means the furnishing of services and materials for the ordinary
and usual maintenance, operation and servicing of said
improvements, including repair, removal, or replacement of all
or part of any improvement; providing for the life, growth,
health and beauty of landscaping; and cleaning, sandblasting
and painting of walls and other improvements to remove or cover
graffiti. Servicing means the furnishing of electric current
or energy, or other illuminating agent, for the operation or
lighting of any improvements, maintaining, operating and
servicing street and traffic safety lighting, and water for
irrigation of any landscaping or the maintenance of any other
improvements.
U . t.
C.CC .
Resolution No. 2001 -
Page 2
SECTION 3. The District consists of the lots and parcels
shown on the boundary map on the District to be placed on file
with the City Clerk, and reference is hereby made to such map
for further particulars.
SECTION 4. Reference is hereby made to the Report for a
full and detailed description of the Improvements, the
boundaries of the District and the proposed assessments upon
assessable lots and parcels of land within the District. The
assessment is subject to an annual adjustment tied to the
Consumer Price Index for the Los Angeles Area as of December of
each succeeding year (the CPI) . In the event that the actual
assessment rate for any given year is not increased by an
amount equal to the CPI change, any such deferred assessment
increase may be added to the total amount assessed in any
subsequent year. In such event, the maximum authorized
assessment amount shall be equal to the base year assessment as
adjusted by the increase to the CPI, plus any and all CPI
adjustments deferred in any and all prior years.
SECTION 5. The public hearing shall be held, before this
Council in the City Council Chambers of the City of Moorpark,
located at 799 Moorpark Avenue, Moorpark, California 93021 as
follows: on Wednesday, June 6, 2001 at the hour of 6:30 p.m.
for the purpose of this Council's determination whether the
public interest, convenience and necessity require the
improvements and the City Council's final action upon the
Engineer's Report and the assessments therein.
SECTION 6. In order to expedite the proceedings, the
property owner shall submit a Petition and Waiver. In
submitting this document to the City, the property owner (1)
requests that the new assessment district be formed; and (2)
waives all rights conferred by Proposition 218 with respect to
the approval of the new assessment by mailed ballot and the 45-
day time period for balloting.
SECTION 7. The City Clerk shall certify to the adoption
of this resolution and shall cause a certified resolution to be
filed in the book of original resolutions.
PASSED AND ADOPTED this day of , 2001.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk