HomeMy WebLinkAboutAGENDA REPORT 2004 0218 CC REG ITEM 10HITEM Io•w
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MOORPARK CITY COUNCIL
AGENDA REPORT
TO: The Honorable City Council rl
FROM: Kenneth C. Gilbert, Director of Public Works
DATE: February 5, 2004 (CC Meeting 2- 18 -04)
SUBJECT: Consider Request for the Formation of Assessment
District AD04 -1 [Colorer Development - Tract 5307] and
Adoption of a Resolution Initiating the Proceedings for
Same
DISCUSSION
A. Tract 5307 [Colmer Development Company]
The subject tract is located at the northeast corner of Los
Angeles Avenue and Flory Avenue. The conditions of approval for
that project required the developer to construct certain
parkway landscaping along the Flory Avenue and Los Angeles
Avenue perimeters of the Tract. Said conditions also require
the developer to construct certain facilities to prevent
polluted storm water run -off from reaching the City's storm
drain system.
B. Conditions of Approval
Condition No. 17 of Resolution No. 2002 -1969 states that the
developer shall provide for the establishment of an assessment
district to fund City costs for maintaining the above mentioned
parkway landscaping and drainage improvements.
C. Proposition 218
The provisions of Proposition 218 require that any new
assessment, or any increase to an existing assessment, must
first be approved by a Mail Ballot provided to the owner(s) of
the affected properties. An alternative procedure for forming
assessment districts for new developments, is to have the
developer(s) / property owner(s) sign a Petition and Waiver 1)
requesting the formation of the assessment district, and 2)
waiving all rights conferred by Proposition 218 with regard to
Mail Ballots.
Ad04_01_5307— petition 0 00101
AD04 -01 [Tract 5307] Petition and Waiver
February 18, 2004
Page 2
D. Petition and Waiver & Engineer's Report: Colmer Development
Attached as Exhibit 1, is a Petition and Waiver for the subject
Tract from Colmer Development. Attached as Exhibit `A' to that
Petition & Waiver is the draft Engineer's Report for this
proposed new Assessment District [AD04 -1] for FY 2004/05.
It should be noted that Colmer Development paid to the City the
amount of $5,000, as required by Condition No. 17, to fund City
assessment engineering costs for the preparation of the
Engineer's Report and other related assessment engineering
costs.
E. Petition and Waiver: Moorpark Redevelopment Agency
In that a portion of the property within the subject Tract is
owned by the Moorpark Redevelopment Agency [MRA], it is
necessary for the MRA to also present a Petition and Waiver to
the City Council. Attached as Exhibit 2 is that document [Note:
the attached Engineer's Report (same as the report attached to
the Colmer Petition) has been omitted for brevity]. It is the
intent of staff to request MRA approval of this Petition on the
same date the City Council considers acceptance.
F. Assessment Amount
The assessment amount set forth in the Engineer's Report is
summarized as follows:
Description Landscaping ($) Drainage ($) Total ($)
Total Annual Assessment 14,511.00 4,985.00 19,496.00
Total Annual Per Lot Assmnt [25 lots] 580.44 199.40 779.84
G. Resolution Initiatina Proceedings
Attached as Exhibit 3 is a Resolution initiating the
proceedings for the formation of the new assessment district.
It is anticipated that a Resolution preliminarily approving the
Engineer's Report and setting the date of a public hearing to
consider formation, will be presented to the City Council in
May.
Ad04_01_5307_petitior 0001012
AD04 -01 [Tract 5307] Petition and Waiver
February 18, 2004
Page 3
STAFF RECONMMATIONS
1. Accept and approve the Petition and Waiver from Colmer
Development (Exhibit 1) requesting the formation of Assessment
District AD04 -1.
2. Accept and approve the Petition and Waiver from the MRA
(Exhibit 2) requesting the formation of Assessment District
AD04 -1.
3. Adopt Resolution No. 2004- initiating process required for
the formation of AD04 -1.
Attachments:
Ex. 1:Petition and Waiver / Engineer's Report [ Colmer]
Ex. 2:Petition and Waiver [MRA]
Ex. 3:Resolution Initiating district formation proceedings
Ad04_01-5307 petition. 000103
PETITION AND WAIVER
RE:
FORMATION OF AN ASSESSMENT DISTRICT
FOR TENTATIVE TRACT MAP 5307
(Colmer Development Company)
TO: The Honorable City Council
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
RE: Establishment of a Landscape Maintenance Assessment District [District 18] for Tentative Tract
Map No. 5307, located at the Corner of Los Angeles Avenue and Flory Avenue
The undersigned is the record owner (the `'Owner') in fee simple of a portion of the real property
identified below ( "the Property "). The Property is located within the City of Moorpark ( "the City ") and is
the subject of an approved tentative map ( "the Tentative Map ") for Tract Map 5307 ( "the Tract "),
prepared and submitted by the Owner.
Pursuant to Condition Number 18 of City Council Resolution No. 2002 -1969, pertaining to the approval
of the Tentative Map, the City has determined that certain improvements (the "Improvements "), to be
constructed by the Owner, are to be maintained by the City. Condition Number 17 of said Resolution
states that, in such event, the Owner shall provide for the establishment of a new Landscape Maintenance
Assessment District (the "District ") to fund City costs ( "City Maintenance Costs ") for the future
maintenance of those Improvements.
Therefore, the undersigned Owner hereby petitions the City Council of the City (the "City Council ") to
form said District for the purpose of funding said City Maintenance Costs, at the expense of the
undersigned and its successors -in- interest, including the future owners of the lots into which the Property
is to be subdivided upon the recordation of the final map for the Tract.
The undersigned Owner 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 undersigned understand(s), agree(s) and acknowledge(s) that:
I . 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 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.
AD04 -I —Petition—Waiver-5307 000104
Petition and Waiver: "Tentative Tract Map 5307
January 2004
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;
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;
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, or its agent, 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 I ) 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 3) 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 KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY
EXECUTED this day of 2004 at fl t", ,t� k , California.
By: 16 LCD, le
CL c "rLytf
[ -, c :: ,LI - ( i -3 -- c c ,4- (_
The property that is subject to this Petition And Waiver and owned in part (no&ased or optioned) by the
above named owner(s) is that property subject of Tract No. 5307. [AP No. 512 -0- 112 -050]
AD04 -1 Petition Waiver 5307
000105
Exhibit 'A'
CITY OF MOORPARK
City of Moorpark Landscaping and Lighting
Maintenance Assessment District
No. AD04 -01
Tract 5307 (Colmer)
ENGINEER'S REPORT
Fiscal Year 2004 -05
January 2004
(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
000106
CITY OF MOORPARK
City of Moorpark Landscaping and Lighting
Maintenance Assessment District
No. AD04 -01
TABLE OF CONTENTS
I. INTRODUCTION ................................................................................................ ............................... 1
II. CERTIFICATES ............................................................................................... ..............................2
III. PLANS & SPECIFICATIONS ........................................................................ ............................... 3
IV. FISCAL YEAR 2004 -05 ESTIMATE OF COST AND BUDGET ............... ............................... 4
A. CAPITAL IMPROVEMENT RESERVE FUND ............................................................ ............................... 5
V. METHOD OF APPORTIONMENT ................................................................... ............................... 5
A. METHOD OF APPORTIONMENT ............................................................................ ............................... 5
B. DISCUSSION OF BENEFIT ..................................................................................... ............................... 5
C. GENERAL VERSUS SPECIAL BENEFIT ................................................................... ............................... 7
D. METHOD OF ASSESSMENT ................................................................................... ............................... 7
E. ASSESSMENT APPORTIONMENT ........................................................................... ............................... 7
1. Citywide Lighting & Landscaping Assessment .............................................. ............................... 8
2. Appeals and Interpretation ............................................................................ ............................... 8
VI. ASSESSMENT ................................................................................................. ............................... 9
VII. ASSESSMENT DIAGRAM ........................................................................... ............................... 11
VIII. APPENDIX A - -1972 ACT APPLICATION ........................................... ............................... 12
IX. APPENDIX B — ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION ..................... 16
X. APPENDIX C - 2004 -05 ASSESSMENT ROLL .............................................. ............................... 20
000107
I�I�`��:��11 /I�i�L�I►`I
The City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD-
04-01 (the "District ") is proposed for formation to provide funding for the maintenance of
landscaping and drainage improvements along and adjacent to Tract 5307 (Colmer). This
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 2004 -05 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 2, 2004 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 2004 -05. If the
assessments are so confirmed and approved, the levies would be submitted to the County
Auditor /Controller in July 2004 for inclusion on the property tax roll for Fiscal Year 2004 -05.
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. AD04 -01 01123104
Engineer's Report, Fiscal Year 2004 -05, by Shilts Consultants, Inc. page I
000108
CITY OF MOORPARK
Landscaping and Lighting Maintenance Assessment District No. 16
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 , 2004.
Engineer of Work, License No. C52091
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
2004.
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 _ 2004, 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
, 2004.
Clerk of the City Council
5. 1, the County Auditor of the County of Ventura, California, hereby certify that a copy
of the Assessment Roll and Assessment Diagram for fiscal year 2004 -05 was filed with me
on 2004.
County Auditor, County of Ventura
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD04 -01 01123104
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000109
Ill. PLANS & SPECIFICATIONS
The work and improvements proposed to be undertaken by the City of Moorpark
Landscaping and Lighting Maintenance Assessment District No. AD04 -01 (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, and all
necessary appurtenances, and labor, materials, supplies, utilities and equipment, as
applicable, for property owned or maintained by the City of Moorpark located in or
adjacent to the properties contained within Tract 5307. 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. AD04 -01 01123104
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0001:10
IV. FISCAL YEAR 2004 -05 ESTIMATE OF COST AND BUDGET
Description of Improvements to be Maintained
Landscaping: Maintenance of the landscaping and irrigation system, along the west and south
perimeter of the Tract, on Flory Street and on Los Angeles Avenue.
Drainage Improvements: Maintenance of the bio- swales on the north and south side of
Moonsong Court, at the Flory Street entrance to the Tract.
Estimate of Cost FY 2004 -05
Landscaping Maintenance, Operation & Administrative Costs $14,511.00
Drainage Maintenance, Operation & Adminsitrative Costs $4,985.00
Total Levy to Budget
Budget to Assessment
$19,496.00
Total Assessment Budget $19,496.00
Total Single Family Equivalent Benefit Units 25.00
Assessment per Single Family Equivalent Unit $779.84
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD04 -01 01123104
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000111
A. Capital Improvement Reserve Fund
The District has a Capital Improvement Reserve Fund to provide funding for unforeseen
expenses (slope failures, etc.). The projected year -end balance for said Capital
Improvement Reserve Funds shall not exceed three (3) years of estimated program
costs for the district; and if and when it is determined that levying the maximum
authorized assessment for the district in any given year, would cause the Capital
Improvement Reserve Fund for the district to exceed said limit, then the amount of
the approved assessment which shall be "levied" upon the properties in the district, shall
be reduced to an amount which is estimated to not cause the Capital Improvement
Reserve Fund year -end balance to exceed said limit. In any event, the amount of the
assessment shall always remain unchanged. Any reduction to the amount actually
levied upon the property, shall not affect the maximum authorized assessment amount
for that or any future year.
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 maintenance and servicing of lighting and landscaping 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.AD04 -01.
The City of Moorpark Landscaping and Lighting Maintenance District No. AD04 -01
consists of all Assessor Parcels within the boundaries of Tentative Tract 5307 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.
AD04 -01 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
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD04 -01 01123104
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000112
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:
'Wo 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
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.
AD04 -01. 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.
F. Creation of individual lots for residential use that, in absence of the assessments,
would not have been created.
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.
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD04 -01 01123104
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000113
C. General versus Special Benefit
The proceeds from the City of Moorpark Landscaping and Lighting Assessment District
No. AD04 -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. AD04 -1, such improvements would
not be provided and the properties could be subject to increased setback requirements.
The District is specifically proposing an increased assessment 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.
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 the District would provide direct and special benefit to
properties in this District. The properties within Tract 5307 consist of 25 residential
single family dwellings that are either improved or proposed for development, 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. Each residential parcel or dwelling unit is
assigned one SFE.
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
District AD04 -1 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
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD04 -01 01123104
Engineer's Report, Fiscal Year 2004 -05, by Shilts Consultants, Inc. page 7
000114
delinquent assessments, may be allocated to all other non - delinquent properties on an
SFE basis. Any increase in the assessment on other properties in District AD04 -1
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.
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 District AD04 -1 as specified above.
1. Citywide Lighting & Landscaping Assessment
If the City of Moorpark forms a new Citywide landscaping and lighting assessment
district, or increases the existing assessments for its existing Citywide landscaping and
lighting assessment district and the assessment proceeds are for similar purpose as the
Citywide Lighting and Landscaping item in the budget for this assessment, this
assessment will reduced by the amount of the new Citywide assessment for the
properties in District 1 AD04 -1.
2. 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 Moorpark Landscaping and Lighting Maintenance Assessment District No. AD04 -01 01123104
Engineer's Report, Fiscal Year 2004 -05, by Shilts Consultants, Inc. Page 8
000115
W ASSESSMENT
WHEREAS, 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- 04 -01;
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. AD04 -01 for the fiscal year 2004 -05 is generally as follows:
SUMMARY COST ESTIMATE
F. Y. 2004 -05
Budget
Landscaping Maintenance, Operation & Administrative Costs $14,511.00
Drainage Maintenance, Operation & Adminsitrative Costs $4,985.00
Total Levy to Budget
$19,496.00
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. AD04 -01. The distinctive number of each
parcel or lot of land in the said City of Moorpark Landscaping and Lighting Maintenance
Assessment District No. AD04 -01 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. AD04 -01, in accordance with the special benefits
to be received by each parcel or lot, from the improvements, and more particularly set
City of tWoorpark Landscaping and Lighting Maintenance Assessment District No. AD04 -01 01123104
Engineer's Report, Fiscal Year 2004 -05, by Shilts Consultants, Inc. Page 9
000116
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. 16 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 District AD04 -01 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 2004 -05. 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 2004 -05 for each
parcel or lot of land within the said City of Moorpark Landscaping and Lighting
Maintenance Assessment District No. AD04 -01.
Dated: January 23, 2004
Engineer of Work
By
John W. Bliss, License No. C52091
City of A1loorpark Landscaping and Lighting Maintenance Assessment District'Vo. AD04 -01 01123104
Engineer's Report, Fiscal Year 2004 -05, by Shilts Consultants, Inc. Page 10
000117
Vll. Assessment Diagram
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD04 -01 01123104
Engineer's Report, Fiscal Year 2004 -05, by Shilts Consultants, Inc. page 11
000118
p I-LORY
OR 8741,302)
21148' ,
l� 2,
I '
Bk
506
r,eend;
Assessment Boundary Line
Street
Shills Consultants, Inc., 2300 Boynton Avenue, Suite 201
Fairfield, CA 94533 (707) 426 -5016
1 '
O �J
A.P.N. 512 -0- 121 -065
A.P.N. 512 -0- 121 -045
FILED IN THE OFFICE OF THE CITY CLERK OF THE
CITY OF MOORPARK, COUNTY OF VENTUHA,
CALIFORNIA,
THIS __ DAY OF , 2004.
CITY CLERK
RECORDED IN THE OFFICE OF THE DIRECTOR OF
PUBLIC WORKS OF THE CITY OF MOORPARK,
COUNTY OF VENTURA, CALIFORNIA, THIS
DAY OF ,2004.
DIRECTOR OF PUBLIC WORKS
AN ASSESSMENT WAS CONFIRMED AND
LEVIED BY THE CITY COUNCIL OF THE CITY OF
MOORPARK ON THE LOTS, PIECES AND PARCELS
OF LAND ON THIS ASSESSMENT DIAGRAM ON THE
_ DAY OF _ .2004
FOR FISCAL YEAR 2004 -05 AND SAID ASSESSMENT
DIAGRAM AND TI IE ASSESSMENT ROLL FOR SAID
FISCAL YEAR WERE FILED IN THE OFFICE OF THE
COUNTY AUDITOR OF 1 H COUNTY OF VENTURA ON
THE DAY OF _
2004. REFERENCE IS HEREBY MADE TO SAID
RECORDED ASSESSMENT ROLL FOR THE EXACT
AMOUNT OF EACH ASSESSMENT LEVIED AGAINST
EACH PARCEL OF LAND.
CITY CLERK
FILED THIS DAYOF
04
20, 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 FOR A DETAILED DESCRIPTTON 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.
CITY OF MOORPARK
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. AD -04 -1
ASSESSMENT DIAGRAM
SS
'
I
1!A 0101567.53
'
Par.0 1
o
i
2.40Ac.
,
D I'
40
OI
A.P.N. 512 -0- 112 -050
I
I�
r,eend;
Assessment Boundary Line
Street
Shills Consultants, Inc., 2300 Boynton Avenue, Suite 201
Fairfield, CA 94533 (707) 426 -5016
1 '
O �J
A.P.N. 512 -0- 121 -065
A.P.N. 512 -0- 121 -045
FILED IN THE OFFICE OF THE CITY CLERK OF THE
CITY OF MOORPARK, COUNTY OF VENTUHA,
CALIFORNIA,
THIS __ DAY OF , 2004.
CITY CLERK
RECORDED IN THE OFFICE OF THE DIRECTOR OF
PUBLIC WORKS OF THE CITY OF MOORPARK,
COUNTY OF VENTURA, CALIFORNIA, THIS
DAY OF ,2004.
DIRECTOR OF PUBLIC WORKS
AN ASSESSMENT WAS CONFIRMED AND
LEVIED BY THE CITY COUNCIL OF THE CITY OF
MOORPARK ON THE LOTS, PIECES AND PARCELS
OF LAND ON THIS ASSESSMENT DIAGRAM ON THE
_ DAY OF _ .2004
FOR FISCAL YEAR 2004 -05 AND SAID ASSESSMENT
DIAGRAM AND TI IE ASSESSMENT ROLL FOR SAID
FISCAL YEAR WERE FILED IN THE OFFICE OF THE
COUNTY AUDITOR OF 1 H COUNTY OF VENTURA ON
THE DAY OF _
2004. REFERENCE IS HEREBY MADE TO SAID
RECORDED ASSESSMENT ROLL FOR THE EXACT
AMOUNT OF EACH ASSESSMENT LEVIED AGAINST
EACH PARCEL OF LAND.
CITY CLERK
FILED THIS DAYOF
04
20, 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 FOR A DETAILED DESCRIPTTON 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.
CITY OF MOORPARK
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. AD -04 -1
ASSESSMENT DIAGRAM
V111. Appendix A -4972 ACT APPLICATION
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 307 (Colmer Development]. 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
§22503
§22504
§22505
§22523
§22525
Short Title
This part shall be known and may be cited as the "Landscaping and Lighting Act
of 1972."
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.
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.
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.
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)
Improvement
"Improvement" means one or any combination of the following:
(a) The installation of planting or landscaping.
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(b) The installation or construction of statuary, fountains, or other ornamental
structures and facilities.
(c) The installation or construction of public lighting facilities, including, but not
limited to, traffic signals.
(d) The installation or construction of any facilities which are appurtenant to and
of the foregoing or which are necessary or convenient for the maintenance or
servicing thereof, including, but not limited to, grading, clearing, removal of
debris, the installation or construction of curbs, gutters, walls, sidewalks, or
paving, or water, irrigation, drainage, or electrical facilities.
(e) The installation of park or recreational improvements, including but not limited
to all of the following:
(1) Land preparation, such as grading, leveling, cutting and filling sod
landscaping, irrigation systems, sidewalks, and drainage.
(2) Lights, playground equipment, play courts, and public restrooms.
(f) The maintenance or servicing or both, of any of the foregoing.
(g) The acquisition of land for park, recreational or open -space purposes.
(h) The acquisition of any existing improvement otherwise authorized pursuant to
this section.
§22569 Estimates of costs; content
The estimate of the costs of the improvements for the fiscal year shall contain
estimates for all of the following:
(a) The total costs for improvements to be made that year, being the total costs
of constructing or installing all proposed improvements and of maintaining and
servicing all existing and proposed improvements, including all incidental
expenses. This may include a reserve which shall not exceed the estimated
costs of maintenance and servicing to December 10 of the fiscal year, or
whenever the city expects to receive its apportionment of special assessments
and tax collections from the county, whichever is later.
(b) The amount of any surplus or deficit in the improvement fund to be carried
over from a previous fiscal year.
(c) The amount of any contributions to be made from sources other than
assessments levied pursuant to this chapter.
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD04 -01 01123/04
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0 0011
(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.
(2) An existing lighting, street lighting, maintenance, or tree planting
district formed pursuant to Chapter 26 (commencing with Section 5820) of
City of Moorpark Landscaping and Lighting ,'Vaintenance Assessment District No. AD04 -01 01123104
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000122
Part 3 of Division 14, or Part 1 (commencing with Section 18000),
Part 2 (commencing with Section 18300), Part 3 (commencing with
Section 18600), or Part 4 (commencing with Section 19000) of Division
14, or Part 1 (commencing with Section 22000) of this division, or
pursuant to any procedural ordinance adopted by a charter city.
(e) The legislative body shall not, by annexation, detachment, dissolution, or
consolidation, alter the obligation of property owners to pay the principal of, and
interest on, bonded debt or notes issued pursuant to Section 22662.5. This
section does not prevent the lawful refunding of the bonded debt or notes or the
apportionment of assessments upon the division of properties assessed.
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IX. Appendix B - Article 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. AD04 -01 01123/04
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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 XI II and
Article XIIIA. (2) Any special tax receiving a two- thirds vote pursuant to Section 4
of Article XIIIA. (3) Assessments as provided by this article. (4) Fees or charges
for property related services as provided by this article.
(b) For purposes of this article, fees for the provision of electrical or gas service shall
not be deemed charges or fees imposed as an incident of property ownership.
CALIFORNIA
CONSTITUTION ARTICLE 13D
(ASSESSMENT AND PROPERTY - RELATED FEE REFORM)
SEC. 4. Procedures and Requirements for All Assessments.
(a) An agency which proposes to levy an assessment shall identify all parcels which
will have a special benefit conferred upon them and upon which an assessment
will be imposed. The proportionate special benefit derived by each identified
parcel shall be determined in relationship to the entirety of the capital cost of a
public improvement, the maintenance and operation expenses of a public
improvement, or the cost of the property related service being provided. No
assessment shall be imposed on any parcel which exceeds the reasonable cost
of the proportional special benefit conferred on that parcel. Only special benefits
are assessable, and an agency shall separate the general benefits from the
special benefits conferred on a parcel. Parcels within a district that are owned or
used by any agency, the State of California or the United States shall not be
exempt from assessment unless the agency can demonstrate by clear and
convincing evidence that those publicly owned parcels in fact receive no special
benefit.
(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. AD04 -01 01123104
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000125
(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).
City of,Woorpark Landscaping and Lighting Maintenance Assessment District No. AD04 -01 01123104
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000126
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.
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD04 -01 01123104
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0002'7
X. Appendix C - 2004 -05 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.
Assessors Parcel No.
Owner Name
SFE's
Assessment
5120112050
MOORPARK UNIFIED SCHOOL DIST
22
$17,156.48
5120121045
REDEV AGENCY - MOORPARK
1
$779.84
5120121065
REDEVAGENCY- MOORPARK
2
$1,559.68
25
$19,496.00
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD04 -01 01123104
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000I.28
PETITION AND WAIVER
RE:
FORMATION OF AN ASSESSMENT DISTRICT
FOR TENTATIVE TRACT MAP 5307
(Colmer Development Company)
TO: The Honorable City Council
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93 02 1
RE: Establishment of a Landscape Maintenance Assessment District [District 181 for Tentative Tract
Map No. 5307, located at the Corner of Los Angeles Avenue and Flory Avenue
The undersigned is the record owner (the "Owner ") in fee simple of a portion of the real property
identified below ("the Property"). The Property is located within the City of Moorpark ( "the City ") and is
the subject of an approved tentative map ('`the Tentative Map') for Tract Map 5307 ( "the Tract "),
prepared and submitted by the Owner.
Pursuant to Condition Number 18 of City Council Resolution No. 2002 -1969, pertaining to the approval
of the Tentative Map, the City has determined that certain improvements (the "Improvements "), to be
constructed by the Owner, are to be maintained by the City. Condition Number 17 of said Resolution
states that, in such event, the Owner shall provide for the establishment of a new Landscape Maintenance
Assessment District (the "District") to fund City costs ( "City Maintenance Costs ") for the future
maintenance of those Improvements.
Therefore, the undersigned Owner hereby petitions the City Council of the City (the "City Council ") to
form said District for the purpose of funding said City Maintenance Costs, at the expense of the
undersigned and its successors -in- interest, including the future owners of the lots into which the Property
is to be subdivided upon the recordation of the final map for the Tract.
The undersigned Owner 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 l 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 undersigned understand(s), agree(s) and acknowledge(s) that:
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 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.
AD04 -1 Petition_ Waiver_5307_NARA 000129
Petition and Waiver: "Tentative Tract flap 5307
January ?004
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:
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;
It has read this Petition and Waiver, has had the opportunity to have the Petition and Nk aiver
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, or its agent, 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 3) 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 KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY
EXECUTED this day of , 2004 at , California.
The property that is subject to this Petition And Waiver and owned in part (not leased or optioned) by the
above named owner(s) is that property subject of Tract No. 5307. [AP Nos. 512 -0 -121 -045; 512- 0 -121-
065]
AD01 -I Petition Waiver 5307 MRA
0E'0130
Exhibit 3
RESOLUTION NO. 2004 -
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MOORPARK, CALIFORNIA, INITIATING
PROCEEDINGS FOR THE FORMATION OF THE CITY
OF MOORPARK LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT NO. AD-
04-01 AND DIRECTING PREPARATION OF ANNUAL
REPORT
WHEREAS, the City of Moorpark provides for the maintenance
and improvement of parks, setback landscaping, drainage systems
and street lighting services through the City's Landscape and
Lighting Assessment Districts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Council
of a landscaping and lighting
XIIID of the California Constit
Lighting Act of 1972 (the "Act ")
California Streets and Highways
22500 thereof).
hereby proposes the formation
district pursuant to Article
ution, and the Landscaping and
Part 2 of Division 15 of the
Code (commencing with Section
SECTION 2. The purpose of the landscaping and lighting
district shall be for the installation, maintenance and
servicing of improvements to the City of Moorpark described in
Section 3 below.
SECTION 3. 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, and all necessary
appurtenances, and labor, materials, supplies, utilities and
equipment, as applicable, for property owned or maintained by
the City of Moorpark. 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
000131
Resolution No. 2004 -
Page 2
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.
SECTION 4. The landscaping and lighting district
proposed in this Resolution is hereby given the distinctive
designation of the "City of Moorpark Landscaping and Lighting
Maintenance Assessment District Number AD- 04 -01."
SECTION 5. Shilts Consultants, Inc. is hereby
designated as Engineer of Work for purposes of these
proceedings and is hereby ordered to prepare an Engineer's
Report in accordance with Article 4 of Chapter 1 of the Act and
Article XIIID of the California Constitution. Upon completion,
the Engineer shall file the Engineer's Report with the Clerk of
the City Council for submission to the Council.
SECTION 6. 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 18th day of February, 2004.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
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