HomeMy WebLinkAboutAGENDA REPORT 2001 0418 CC REG ITEM 11DITEM- 11.C).
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MOORPARK CITY COUNCIL
AGENDA REPORT
TO: The Honorable City Council
FROM: Kenneth C. Gilbert, Director of Public WorksC
DATE: April 6, 2001 (CC Meeting 4- 18 -01)
SUBJECT: Consider Request for the Formation of Assessment
District 2001 -1 [Wilshire Builders - Tract 52011
DISCUSSION
A. Background
On February 21, 2001, the City Council adopted Resolution No.
2001 -1816, stating the City Council's intent to form the
subject Assessment District. At that time the City Council also
authorized staff to approve an amendment to the contract with
Shilts Associates, to provide the assessment engineering
services required for that district formation.
B. Tract 5201 [Wilshire Builders]
The subject tract is located at the northeast corner of Peach
Hill Road and Rolling Knoll Road (see Exhibit 1). The
conditions of approval for that project required the developer
to construct certain parkway landscaping on Peach Hill Road and
on Rolling Knoll Road. The location of the parkway landscaping
to be maintained by the subject assessment district is
described on the diagram attached as Exhibit 1 - page 2.
C. Conditions of Approval
Condition No. 14r of Resolution No. 99 -1622 states that
provisions shall be made for the establishment of an assessment
to fund future City costs for the maintenance of certain
parkway landscape maintenance to be assumed by the City. It has
been determined that a new assessment district should be formed
for that purpose. All costs associated with the formation of
this assessment district are to be borne by the developer. The
developer has paid an advance to the City for the funding of
these costs.
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AD2001 -01 [Tract 5201] Petition and Waiver
April 6, 2001
Page 2
D. Proposition 218
The provisions of Proposition 218 require that any new
assessment, or any increased to an existing assessment, must
first be approved by a Mail Ballot provided to the owner(s) of
the affected properties. With respect to new assessments upon
new developments, the owner of the property is the developer,
and is, therefore, usually in support of the new or added
assessment. Accordingly, in order to reduce the "red- tape" and
costs associated with the administration of a Proposition 218
Mail Ballot for added assessments upon a new development, many
agencies have opted to utilize a Petition and Waiver instead of
a Mail Ballot.
E. Petition and Waiver
Through a Petition and Waiver the property owner 1) requests
the formation of an assessment district, and 2) waives all
rights conferred by Proposition 218 requiring approval of the
new assessment by Mail Ballot. Upon receipt, approval and
acceptance of such a Petition and Waiver, Proposition 218 Mail
Ballots would not be required in order to add this new
assessment to the amounts levied upon the properties described
in the Petition and Waiver.
With assistance and input from the Assessment Engineer and the
City Attorney, staff has developed a Petition and Waiver for
Tract 5201. That document has been signed by the property owner
and is attached as Exhibit 2.
The attached Petition and Waiver (Exhibit 2) requests that the
City Council approve the formation of Assessment District
AD01 -1, and waives all rights conferred by Proposition 218 with
regard to the approval, via Mail Ballot, of a new assessment to
fund the maintenance of the designated parkway landscaping
constructed by that project.
F. Engineer's Report
Attached as Exhibit `A' to the Petition & Waiver (see Exhibit 2
of this report) is the Engineer's Report for AD01 -1 for FY
2001/02. That Engineer's Report includes the following
information:
• a Boundary Map for AD01 -1;
• the reason for the assessment;
• the duration of the assessment;
• the method of assessment;
• the amount of the annual assessment; and
• a description of improvements to be maintained.
Ad01_01_5201_rpt C11310G 7 G
AD2001 -01 [Tract 52011 Petition and Waiver
April 6, 2001
Page 3
G. Assessment Amount
The assessment amount set forth in the Engineer's Report is as
follows:
• Total Assessment: $1,180.00 per year
• Total Per Lot Assessment: $ 118.00 per year
H. City Attorney / Assessment Engineer
The Assessment Engineer has reviewed and approved the Petition
and Waiver. The City Attorney has reviewed the Petition and
Waiver and approved it as to form.
I. Resolution
Attached as Exhibit 3 is a Resolution approving the above
mentioned Engineer's Report and setting June 6, 2001, as the
date of a public hearing to consider the levy of the
assessments set forth in that Engineer's Report.
STAFF RECOMMENDATIONS
1. Accept and approve the Petition and Waiver (Exhibit 2)
requesting the formation of Assessment District AD01 -1.
2. Adopt Resolution No. 2001- approving the Engineer's Report
for AD01 -1 for FY 2001/02 and setting June 6, 2001, as the date
of a public hearing to consider the levy of the assessments
provided for in said Engineer's Report.
Attachments:
Exhibit 1:
Exhibit 2:
Exhibit 3:
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Location Map / Parkway Location
Petition and Waiver
Resolution Approving Engineer's Report
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PETITION AND WAIVER
RE
FORMATION OF AN ASSESSMENT DISTRICT
FOR TRACT 5201
TO: The Honorable City Council
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
RE: Establishment of a Landscape Maintenance Assessment
District [ADO 1 -1] for Tract No. 5201
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 'Tract Map 5201 ( "the Tract "). Condition No. 14r of City Council Resolution No.
99 -1622 requires that certain improvements ( "the Improvements "), to be constructed by the
undersigned, will be maintained 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 was 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 within 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.
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.
Petition and Waiver
Tract 5201
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 arc being waived pursuant to this Petition and Waiver, explained to it by legal
counsel of its choice:
3. It has react 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 PETI'T'ION AND WAIVER IS KNOWINGLY, INTELLIGENTLY AND
VOLUNTARILY EXECUTED this 9th day of April 2001 at Santa Monica
California.
Wilshire Builders, Inc.
By:�
Howard Press
President
The property that is subject to this
Petition And Waiver and owned (not leased or optioned) by
the above named owner(s) is Ventura
County Assessment Parcel Nos.:
507 -0- 302 -195
507 -0- 302 -245
507 -0- 302 -205
507 -0- 302 -255
507 -0 -302 -215
507 -0- 302 -265
507 -0 -302 -225
507 -0- 302 -275
507 -0- 302 -235
507 -0- 302 -285
-2- G 0 vS'1
CITY OF MOORPARK
City of Moorpark Landscaping and Lighting
Maintenance Assessment District
No. AD -01 -1
ENGINEER's REPORT
Fiscal Year 2001 -02
March 2001
(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
Exhibit A
C: ;008!
CITY OF MOORPARK
City of Moorpark Landscaping and Lighting Maintenance Assessment District
No. AD -01 -1
TABLE OF CONTENTS
1. INTRODUCTION .................................................................................................. ..............................3
II. CERTIFICATES ................................................................................................ ..............................4
III. 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 SPECI.AL BENEFIT ..................................................................... ..............................8
D. METHOD OF ASS tiSSMENT ..................................................................................... ..............................9
B. ASSESSMENT APPORTIONMENT ............................................................................ ..............................9
1. Appeals and Interpretation ............................................................................. .............................10
V1. ASSESSMENT .................................................................................................. .............................II
VII. ASSESSMENT DIAGRAM ............................................................................. .............................13
VIII. APPENDIX A - -1972 ACT APPLICATION .............................................. .............................15
IX. APPENDIX B — ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION ......................19
X. APPENDIX C - 2001 -02 ASSESSMENT ROLL ................................................ .............................24
L INTRODUCTION
The City of Moorpark Landscaping and Lighting Assessment District No. AD -01 -1 (the
"District ") is proposed for formation to provide funding for the installation, maintenance and
improvement of the parkway landscaping and related improvements along and adjacent to
Peach Hill Road and Rolling Knoll Road within Tract 5201 (Wilshire Builders). 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 -1 03127101
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 -1
IL 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 12001.
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 -1 03127101
Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 4
(10CS 5
Ill. PLANS & SPECIFICATIONS
The work and improvements proposed to be undertaken by the City of Moorpark
Landscaping and Lighting Maintenance Assessment District No. AD -01 -1 (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 or maintained by the City of Moorpark located on Rolling
Knoll Road and Peach Hill Road which are adjacent to the properties contained within
Tract 5201. 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 -1 03127101
F,ngineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page S
3 0G86
IV. FISCAL YEAR 2001 -02 ESTIMATE OF COST AND BUDGET
Description of Improvements
To maintain parkway landscaping along Peach Hill Road and Rolling Knoll Road, including
turf, ground cover, shrubs, trees, irrigation systems, drainage systems, lighting, fencing,
statuary, fountains, and other ornamental structures and facilities, entry monuments and other
improvements adjacent to properties within Tract 5201 (Wilshire Builders).
City of Moorpark Landscaping and Lighting Assessment District No. AD -01 -1
Estimate of Cost FY 2001.02
Maintenance, Operation &Administrative Costs $1,025.00
Assessm ent Adm inistration $ 100.00
Total Budget
Contingency (5 %I $55.00
Total Levy to Budget
Budget to Assessment
Total Assessment Budget $1,180.00
Total Single Fam ily Equivalent Benefit Units 10.00
Assessment per Single Family Equivalent Unit $ 1 18.00
$1,125.00
$ 1,180.00
City oJ'Moorpark Landscaping and Lighting Maintenance Assessment District No. AD -01 -1 03127101
Engineer's Report, Fiscal Year 2001 -02, by $hilts Consultants, Inc. Page 6
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 City of Moorpark Landscaping and Lighting Maintenance District No. AD -01 -1.
The City of Moorpark Landscaping and Lighting Maintenance District No. AD -01 -1
consists of all Assessor Parcels within the boundaries of Tract 5201 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 -1 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,
City of Moorpark Landscaping and Lighting Maintenance Assessment District .,Yo. o. AD -01 -1 03127101
Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 7
J -0088
maintenance and servicing of landscaping 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 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 -1. 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 Benefit
The proceeds from the City of Moorpark Landscaping and Lighting Assessment District
No. AD -01 -1 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 -1, 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 could 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.
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD -01 -1 03127101
Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 8
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.
E. Assessment Apportionment
The proposed assessments for AD -01 -1 would provide direct and special benefit to
properties in this District. The properties within Tract 5201 consist of ten residential
single family dwellings, each of which receives similar benefit from the proposed
improvements. Therefore, the Engineer has determined that the appropriate method of
apportionment of the benefits derived by all parcels is on a SFE basis. The proposed
improvements consist of parkway landscaping on the west side of Rolling Knoll Road
across from Tract 5201, within the street rights of way on Peach Hill Road, and on the
east side of Rolling Knoll Road. The areas proposed for landscaping exist within
roadways that form the boundaries of Tract 5201 but are located outside the tract.
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.
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 the event any increase to the Total Assessment amount is held to be invalid or
unconstitutional by any court of competent jurisdiction, such decision shall not affect the
validity of the Base Year Total Assessment.
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD -01 -1 03127101
Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 9
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 Public Works 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 Public Works or his or her designee will promptly review the appeal and
any information provided by the property owner. If the Director of Public Works 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 Public
Works 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 Public Works 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'.4loorpark Landscaping and Lighting Maintenance Assessment District No. AD -01 -1 03127101
Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 10
VL ASSESSMENT
WHEREAS, on January 17, 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 -1;
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 -1 for the fiscal year 2001 -02 is generally as follows:
SUMMARY COST ESTIMATE
F. Y. 2009 -02
Budget
Landscaping Maintenance, Improvement & Administration $1,125.00
Incidentals and Contingency $55.00
TOTAL BUDGET
NET AMOUNT TO ASSESSMENTS
$1,180.00
$1,180.00
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 -1. The distinctive number of each
parcel or lot of land in the said City of Moorpark Landscaping and Lighting Maintenance
Assessment District No. AD -01 -1 is its Assessor Parcel Number appearing on the
Assessment Roll.
City of Woorpark Landscaping and Lighting Maintenance Assessment District No. AD -01 -1 03127101
Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 11
C "� 0 092
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 -1, 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 -1 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 -1 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 -1.
Dated: March 15, 2001
Engineer of Work
M
Joseph L. Shilts, License No. C14084
City of'Moorpark Landscaping and Lighting Maintenance Assessment District No. AD -01 -1 03127101
Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 12
r- z
\, 13
VII. Assessment Diagram
The boundaries of the City of Moorpark Landscaping and Lighting Assessment District
No. AD -01 -1 are displayed on the following Assessment Diagram.
City of Moorpark Landscaping and Lighting Maintenance Assessment District Ago. AD -01 -1 03127101
Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 13
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FILED IN THE OFFICE OF THE CITY CLERK OF THE
CITY OF MOORPARK, COUNTY OF VENTURA,
CALIFORNIA,
THIS DAY OF , 2001.
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Faidield, CA 94533 (707) 426 5010
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AN ASSESSMENT WAS CONFIRMED AND
LEVIED BY THE CITY COUNCIL OF THE CITY OF
z
MOORPARK ON THE LOTS, PIECES AND PARCELS
L
4
OF LAND ON THIS ASSESSMENT DIAGRAM ON THE
2001
_ DAY OF
FOR FISCAL YEAR 2001 -02 AND SAID ASSESSMENT
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DIAGRAM AND THE ASSESSMENT ROLL FOR SAID
FISCAL YEAR WERE FILED IN THE OFFICE OF THE
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COUNTYAUDITOR OF THE COUNTY OF VENTURA ON
11
THE DAY OF _
2001. 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
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT'
NO. AD -01 -1.
ASSESSMENT DIAGRAM
FILED THIS ._ DAY OF
2001, 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
Note:
REFERENCE IS HEREBY MADE TO THE MAPS AND DEEDS
OF RECORD IN THE OFFICE OF THE ASSESSOR OF THE
COUNTY OF VENTURA FORA 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.
Vlll. Appendix A -4972 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 Tract 5201 [Wilshire Builders]. 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 -1 03127101
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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.
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD -01 -1 03127101
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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.
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD -01 -1 03127101
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c:'�O0�8
(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.
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD -01 -1 03127101
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IX. Appendix B - Article XIIID 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 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.
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD -01 -1 03127101
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' 1 G19
:.
(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 XI II and
Article XIIIA. (2) Any special tax receiving a two- thirds vote pursuant to Section 4
of Article X11 IA. (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.
(b) All assessments shall be supported by a detailed engineer's report prepared by a
registered professional engineer certified by the State of California.
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD -01 -1 03127101
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010
(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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JC1021
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.
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD -01 -1 03127101
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fIC`r� ) () I () IIz
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.
Tract 5201 (Wilshire Builders)
Assessment Roll, 2001 -02
Parcel
Owner
Assessment
2001 -02
507 -0- 302 -195
WILSHIRE BUILDERS
$118.00
507 -0- 302 -205
WILSHIRE BUILDERS
$118.00
507 -0- 302 -215
WILSHIRE BUILDERS
$118.00
507 -0- 302 -225
WILSHIRE BUILDERS
$118.00
507 -0- 302 -235
WILSHIRE BUILDERS
$118.00
507 -0- 302 -245
WILSHIRE BUILDERS
$118.00
507 -0- 302 -255
WILSHIRE BUILDERS
$118.00
507 -0- 302 -265
WILSHIRE BUILDERS
$118.00
507 -0- 302 -275
WILSHIRE BUILDERS
$118.00
507 -0- 302 -285
WILSHIRE BUILDERS
$118.00
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r 0-115
Exhibit 3
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 AD01 -1
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 -1816, a Resolution initiating
proceedings for the formation of the City of Moorpark
Landscaping and Lighting Assessment District No. AD01 -1
pertaining to the properties within Tract 5201 [Wilshire
Builders] 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 Tract 5201. 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.
C3 0 1 G- ,
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