Loading...
HomeMy WebLinkAboutAGENDA REPORT 2005 0504 CC REG ITEM 10CMOORPARK CITY COUNCIL AGENDA REPORT ITEM 10- G• CITY OF MOORPARK, CALIFORNIA City Council Mooting of .5 -� -a00✓� ACTION: d S- BY: TO: The Honorable City Council FROM: Mary K. Lindley, Director of Parks, Recreation and Community Services DATE: April 27, 2005 (CC Meeting of May 4, 2005) )) SUBJECT: Consider Resolution Approving the Preliminary Assessment Engineer's Report for the Parks and Recreation Maintenance and Improvement Assessment District For Fiscal Year 2005/2006 and Providing Notice of Public Hearing on June 1, 2005 SUMMARY The City Council is being asked to adopt the attached resolution, approving the Assessment Engineer's Report (provided under separate cover), which contains the methodology and formula for apportioning the property assessment. Additionally, the resolution identifies the date for the Public Hearing to consider the levy of the assessment for FY 2005/06. BACKGROUND In July 1999, the City successfully established an assessment district for the maintenance and improvement of City parks. The District was initiated by the Council to provide funding in place of AD 85 -1 (Park Maintenance Assessment District), which was disbanded in July 1998 as a result of Proposition 218. The current Maintenance District is based on a "special" assessment. This means that the City assesses property owners for that portion of park maintenance and improvement activities that generate a "special" benefit. All activities that generate a "general" benefit must be funded from non - assessment revenues (typically General Fund and Park Improvement Fund). The Parks and Recreation Maintenance and Improvement Assessment District (Assessment District) includes 16 parks, 15 improved parks and one undeveloped park (Magnolia Park). The amount of M:\MLindley\Assessment Dist \engineer report 2 2005 06 5-4 -05 ccagd.doc A 0110 Honorable City Council May 4, 2005 Page 2 the assessment levied to property owners may only increase by the Cost of Living factor (CPI) for the Los Angeles Metropolitan area, and not more than 3 percent in any year. In situations when the CPI exceeds 3 percent, the remaining difference can be carried over to a subsequent year. On February January 5, 2005, the City Council adopted Resolution No. 2005 -2277 indicating its intent to continue the assessment for FY 2005/06 and directing the preparation of the Engineer's Report. DISCUSSION The City Council is being presented with the preliminary Engineer's Report for consideration and approval. By approving the Engineer's Report, the Council will be establishing the assessment rate, the formula used to spread the assessment, and the City's contribution (comprised of General Fund, Park Improvement Fund [PIF], Redevelopment Agency funds, and state Park Bond funds) for the maintenance and improvement of parks. The boundaries for the Parks and Recreation Maintenance and Improvement District contain all properties within the City's incorporated limits. The Assessment District it Community Center, and the contains a determination deemed "special" and the from the maintenance recreation facilities. Th Engineer is 25 percent "special" benefit. This p park maintenance and impr the City can only asses; portion of the budget rel, cludes all 16 City parks, Arroyo Vista Serenata Trail. The Engineer's Report regarding the percentage of benefit percentage deemed `general ", generated zd improvement of City parks and percentage figure identified by the "general" benefit and 75 percent !rcentage is then applied to the total >vement budget. Under Proposition 218, property owners for the 75 percent ted to "special" benefits. Although 75 percent is identified as providing "special" benefit, and consistent with previous years, it is proposed that property owners be assessed for only approximately 20 percent of the total park maintenance budget, which is less a third of the special benefit costs. Appropriations from the General Fund and Park Improvement Fund sources will comprise the remaining approximate 80 percent of the total budget for FY 05/06. M: \MLindley \Assessment Dist \engineer report 2 2005 06 5 -4 -05 ccagd.doc 000�� Honorable City Council May 4, 2005 Page 3 Additionally, the Report identifies all properties in Moorpark by type. A value has been assigned for each type of property, with single family residential unit having a value of 1.00 (SFE). A value for all other property types is assigned based on the SFE. The equivalent value is based on a formula that uses the average number of people who could potentially live on, work at, or otherwise use a property. Specifically, the Engineer finds SFE values as follows: Single Family Residential 1.00 Condominium .80 Multi - Family Residential .78 Mobile Homes .65 Commercial .70 Office 1.90 Shopping Center .70 Industrial .70 Self Storage or Parking Lot .03 (per dwelling unit) \\ %A NN NN \\ \\ (per 1/5 of acre) In regards to undeveloped vacant property, the Engineer has developed a three - tiered rate structure. Vacant property will be assessed at .25 of its equivalent SFE (for residential, industrial, commercial, etc.). Once a development application and engineering plans have been submitted for vacant property, it will be assessed at its SFE at a rate of .35 of the developed rate, and vacant property for which development has been approved will have a SFE equivalent of .65 of the developed rate for that property type until fully developed. Park Maintenance and Improvement Budget The Engineer's Report addresses the estimated revenue to be generated by the assessment (approximately $582,879) contingent on the Council's approval of the proposed rate. This is approximately $30,979 more in assessment revenue than was anticipated for FY 2004/05. The report also identifies the non - assessment contribution, which is noted in the Report as City Contribution. Consistent with Proposition 218, the City covers all costs associated with park maintenance activity expenditures that generate "general" benefits (these activities comprise approximately 25 percent of the budget) . Additionally, the City M: \MLindley \Assessment Dist \engineer report 2 2005 06 5 -4 -05 ccagd.doc u0rA "r- -i.,d-3 Honorable City Council May 4, 2005 Page 4 traditionally covers a significant portion of the cost associated with expenditures that generate "special" benefits. The remaining costs associated with "special" benefits are covered by the revenue collected from the assessed levy. The proposed FY 2005/06 Park Assessment District budget figure of $3,639,297 (an increase of approximately $113,497 from FY 2004/05) includes $1,390,805 for operation and maintenance (approximately the same as FY 2004/05) and $2,248,492 for capital improvements (an increase of approximately $1,139,065 from FY 2004/05). The capital improvement expenditure increase results primarily from the construction of the following proposed projects: Poindexter Park expansion ($309,465), AVRC gym expansion ($850,000), Magnolia Park ($500,000), Campus Park restroom replacement ($120,000), and Tierra Rejada Park playground equipment replacement ($90,000). In the FY 2004/05 budget, these projects were in the design phase. FY 2005/06 Park Asst. District Budget Summary Proposed Expenditures Proposed Funding Operation /Maintenance $1,390,805 Capital Park Projects $2,248,492 Total Expenditure Budget $3,639,297 Assessment Levy $582,879 General Fund $875,754 Park Improvement $1,556,169 Redevelopment Bonds (Magnolia Park) $535,000 State Park Bond (Poindexter Park Exp) $89,495 Total Revenues $3,639,297 The budget figures contained in the Engineer's Report differ slightly from the figures in the draft budget document that will be presented to the City Council. This is a result of needing to M: \MLindley \Assessment Dist \engineer report 2 2005 06 5 -4 -05 ccagd.doc 0 fl Ar sd� Honorable City Council May 4, 2005 Page 5 finalize the Engineer's Report prior to completing the City Budget. Assessment Rate The assessment district was adopted with a CPI cap of 3 percent. However, the approved assessment language allows the City to carry over any difference in the CPI that exceeds 3 percent to the following year, as long as it adheres to the cap in subsequent years. The history of the adjusted assessment levy is as follows: Fiscal CIP Period CIP Levy Carryover Year Adjustment Adjustment 2000/01 Dec 1998 - 2.30 2.30 0 Dec 1999 2001/02 Dec 1999 - 3.70 .7% .7% Dec 2000 2002/03 Dec 2000 - 2.1% 2.8% 0 Dec 2001 2003/04 Dec 2001 - 3.70 3% .7% Dec 2002 2004/05 Dec 2002 - 1.8% 2.5% 0 Dec 2003 2005/06 Dec 2003 - 4.39% 3% 1.39% Dec 2004 The CPI increase calculation pertaining to the FY 2005/06 assessment (December 2003 - December 2004) is 4.39 percent. Because of the 3 percent cap on rate adjustments, the City can only raise the assessment by 3 percent and carry the 1.39 percent over to FY 2006/07. The proposed SFE assessment rate and levy for FY 2005/06 is $45.94. Public Hearing The continuation of the Parks Maintenance and Improvement District and rate adjustment requires a public hearing to be held prior to the annual levy of assessment for the purpose of receiving input and to hear any protest to the proposed assessment. Staff recommends that the Council set the hearing M: \MLindley \Assessment Dist \engineer report 2 2005 06 5 -4 -05 ccagd.doc OOC�w 4, Honorable City Council May 4, 2005 Page 6 date as June 1, 2005. The Hearing Notice cites the assessment amounts set forth in the Engineer's Report and it will be published and posted as required by law. STAFF RECOrMENDATION Adopt Resolution No. 2005- Attachment: A - Resolution M: \MLindley \Assessment Dist \engineer report 2 2005 06 5 -4 -05 ccagd.doc 0/--pRjf d " 'k1 li ..,a_ ar Attachment A RESOLUTION NO.2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, OF INTENTION TO LEVY ASSESSMENTS FOR FISCAL YEAR 2005 -06, PRELIMINARILY APPROVING ENGINEER'S REPORT, AND PROVIDING FOR NOTICE OF HEARING FOR THE PARKS AND RECREATION MAINTENANCE AND IMPROVEMENT DISTRICT OF THE CITY OF MOORPARK WHEREAS, on July 15, 1999, by its Resolution No. 99 -1625, after receiving a weighted majority of ballots in support of the proposed assessment, this Council ordered the formation of and levied the first assessment within the City of Moorpark Parks and Recreation Maintenance and Improvement District (the "Assessment District ") pursuant to the provisions of Article XIIID of the California Constitution, and the Landscaping and Lighting Act of 1972 (the "Act "), Part 2 of Division 15 of the California Streets and Highways Code (commencing with Section 22500 thereof); and WHEREAS, by Resolution No. 2005 -2277, the City Council ordered the preparation of an Engineer's Report for the Parks and Recreation Maintenance and Improvement District (the "District ") for fiscal year 2005 -06; and WHEREAS, pursuant to said Resolution, the Engineer's Report was prepared by Shilts Consultants, Inc., Engineer of Work, in accordance with 22565, et. seq., of the Streets and Highways Code (the "Report ") and Article XIIID of the California Constitution; and WHEREAS, said Engineer's Report was filed with the City Clerk and the City Council has reviewed the Report and wishes to take certain actions relative to said Report. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Report for "PARKS AND RECREATION MAINTENANCE AND IMPROVEMENT ASSESSMENT DISTRICT ", on file with the City Clerk, has been duly considered by the Moorpark City Council and is hereby deemed sufficient and approved. The Report shall stand as the Engineer's Report for all subsequent proceedings under, and pursuant to, the foregoing resolution. Page 1 of 3 CX,�A •*� SECTION 2. It is the intention of this Council to levy and collect assessments within the Assessment District for fiscal year 2005 -06. Within the Assessment District, the existing and proposed improvements, and any substantial changes proposed to be made to the existing improvements, are generally described as the installation, maintenance and servicing of public facilities, including but not limited to, landscaping, sprinkler systems, park grounds, park facilities, landscape corridors, ground cover, shrubs and trees, street frontages, playground equipment and hardcourt areas, senior and community centers, drainage systems, lighting, fencing, entry monuments, basketball courts, tennis courts, running tracks, other recreational facilities, security guards, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, for property owned and maintained by the City of Moorpark. Installation means the construction of recreational improvements, including, but not limited to, land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks and drainage, lights, playground equipment, play courts, recreational facilities and public restrooms. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of 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 for the operation or lighting of any improvements, and water for irrigation of any landscaping or the maintenance of any other improvements. SECTION 3. The Assessment District consists of the lots and parcels shown on the boundary map of the Assessment District 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 Engineer's Report for a full and detailed description of the improvements, the boundaries of the Assessment District and the proposed assessments upon assessable lots and parcels of land within the Assessment District. The Engineer's Report identifies all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. SECTION 5. The authorized maximum assessment rate for the District includes an annual adjustment by an amount equal to the annual change in the Los Angeles Consumer Price Index, not to exceed 3% per year. As the amount of the annual increase in the Los Angeles Area Consumer Price Index from December 2003 to December 2004 is 4.390, the authorized maximum levy rate for Page 2 of 3 fiscal year 2005 -06 is 3.0% above the maximum levy rate for fiscal year 2004 -05. Including the authorized annual adjustment, the maximum authorized assessment rate for fiscal year 2005 -06 is $45.94 per single family equivalent benefit unit and the proposed fiscal year 2005 -06 assessment rate per single family equivalent benefit unit is $45.94. SECTION 6. Notice is hereby given that on June 1, 2005, at the hour of 7:00 o'clock p.m. in the Council Chambers, located at 799 Moorpark Avenue, Moorpark, California 93021, the Council will hold a public hearing to consider the ordering of the improvements and the levy of the proposed assessments. SECTION 7. Prior to the conclusion of the hearing, any interested person may file a written protest with the City Clerk, or, having previously filed a protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection. A protest by a property owner shall contain a description sufficient to identify the property owned by such owner. Such protest or withdrawal of protest should be mailed to Shilts Consultants, Inc., 2300 Boynton Ave., Suite 201, Fairfield, CA 94533. SECTION 8. The City Clerk shall cause a notice of the hearing to be given by publishing a copy of this resolution once, at least ten (10) days prior to the date of the hearing above specified, in a newspaper circulated in the City of Moorpark. SECTION 9. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 4th day of May, 2005. ATTEST: Deborah S. Traffenstedt, City Clerk Patrick Hunter, Mayor Page 3 of 3 0 11"), 10A 3� ITEM 10.C. Parks & Recreation Maintenance and Improvement District FINAL ENGINEER's REPORT Fiscal Year 2005 -06 (Pursuant to the Landscaping and Lighting Act of 1 and Article XIIID of the California Constitution Engineer of Work Shilts Consultants, Inc. 2300 Boynton Avenue, Su�� E Fairfield, CA (707) t , r: CITY OF MOORPARK Parks & Recreation Maintenance and Improvement District TABLE OF CONTENTS I. INTRODUCTION .................................................................................................. ..............................1 II. CERTIFICATES ................................................................................................ ..............................3 III. PLANS & SPECIFICATIONS ......................................................................... ..............................4 IV. FISCAL YEAR 2005 -06 ESTIMATE OF COST AND BUDGET ................. ..............................5 V. METHOD OF APPORTIONMENT ..................................................................... ..............................6 A. METHOD OF APPORTIONMENT .............................................................................. ..............................6 B. DISCUSSION OF BENEFIT ....................................................................................... ..............................6 C. GENERAL VERSUS SPECIAL BENEFIT ..................................................................... ..............................9 D. METHOD OF ASSESSMENT ..................................................................................... ..............................9 E. PROXIMITY BENEFITS .......................................................................................... .............................10 F. ASSESSMENT APPORTIONMENT ........................................................................... .............................10 1. Residential Properties .................................................................................... .............................11 2. CommerciaUlndustrial Properties .................................................................. .............................12 3. Vacant Residential Land ................................................................................. .............................13 4. Other Properties ............................................................................................. .............................14 S. Appeals and Interpretation ............................................................................. .............................15 VI. ASSESSMENT .................................................................................................. .............................16 V11. ASSESSMENT DIAGRAM ............................................................................. .............................18 VIII. APPENDIX A —1972 ACT APPLICATION .............................................. .............................20 IX. APPENDIX B — ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION ......................24 X. APPENDIX C - 2005 -06 ASSESSMENT ROLL ................................................ .............................28 City of Moorpark Parks Maintenance and Recreation Improvement District Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. 05/25/05 Page 1 L INTRODUCTION The City of Moorpark (the "City ") currently provides park facilities and recreation programs for approximately 30,000 residents. The City currently owns, operates and maintains 14 ' neighborhood parks and one community park, which are located throughout the developed areas of the City. (For general locations of the City's park facilities, see the Diagram ' following in this Report.) The City's parks are summarized as follows: ❖ Arroyo Vista Community Park and Recreational Center, (69 developed acres), located near the intersection of Countrywood Drive and Tierra Rejada Road. ❖ Campus Canyon Neighborhood Park, (6 acres), located at Collins Dr. and ' Hearon Drive. ❖ Campus Park Neighborhood Park, (2.5 acres), located on the corner of Hartford St. and Harvard Street. ' ❖ Community Center Park, (.5 acres), 799 Moorpark Avenue. ❖ Country Trail Neighborhood Park, (8 acres), located off Countrywood Drive and Mountain Trail. ❖ Glenwood Neighborhood Park, (4.5 acres), located on the corner of Tierra Rejada Rd. and Harvester Street. ❖ Griffin Neighborhood Park, (5 acres), located on at the intersection of Campus Park Drive and College View Avenue. ❖ Magnolia Street Park, (.11 acre, vacant), located on the south west corner of Magnolia Street and Charles Street. ❖ Miller Neighborhood Park, (6.5 acres), located on Miller Parkway, near Peach Hill Road. ❖ Monte Vista Nature Park, (5 acres), located on Spring Road. ❖ Mountain Meadows Neighborhood Park, (8 acres), located off Mountain Meadow Street, near Tierra Rejada Road. ' ❖ Peach Hill Neighborhood Park, (10 acres), located on Peach Hill Rd. and Christian Barrett Drive. ❖ Poindexter Neighborhood Park, (9.5 acres), located on Poindexter Ave., west of Chaparral Middle School. ❖ Tierra Rejada Neighborhood Park, (8 acres), located at the intersection of Tierra Rejada Road and Mountain Trail. ' ❖ Vrginia Colony Park, (1 acre), located at the intersection of Los Angeles Place and Condor Drive. ' ❖ Villa Campesina Park, (.5 acre), located at Liberty Bell Road. City of Moorpark Parks Maintenance and Recreation Improvement District Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. 05/25/05 Page 1 J 1 1I Prior to 1997, the City funded the majority of the costs for maintenance and improvement of park facilities with an assessment supported by property owners. With the passage of Proposition 218 on November 6, 1996, such an assessment could not be continued unless it is approved by a weighted majority of ballots submitted in an assessment ballot proceeding. As a result, the City discontinued the park maintenance assessment and funded a reduced level of park maintenance with reserve funds. To address the City's shortfall in park maintenance and improvement funding, in 1999 the City proposed a new assessment for parks. In May and June of 1999, the City conducted an assessment ballot proceeding pursuant to the requirements of Article XIIID of the California Constitution ( "The Taxpayer's Right to Vote on Taxes Act ") and the Landscaping the Lighting Act of 1972. During this ballot proceeding, property owners in the City were provided with a notice and ballot for the proposed parks assessment ( "the Parks Maintenance and Recreation Improvement District "). A 45 -day period was provided for balloting and a public hearing was conducted on June 16, 1999. At the public hearing, all ballots returned within the 45- day balloting period were tabulated. It was determined at the public hearing that the assessment ballots submitted in opposition to the proposed assessments did not exceed the assessment ballots submitted in favor of the assessments (with each ballot weighted by the proportional financial obligation of the property for which ballot was submitted). In fact, the final balloting result was 71.5% support for the City of Moorpark Parks Maintenance and Recreation Improvement District (the "District "). As a result, the Council gained the authority to approve the levy of the assessments for fiscal year 1999 -00 and future years. The authority granted by the ballot proceeding includes an annual adjustment in the assessment levies equal to the annual change in the Consumer Price Index for the Los Angeles Area, not to exceed 3 %. In each subsequent year for which the assessments will be levied, the Council must direct the preparation of an Engineer's Report, budgets and proposed assessments for the upcoming fiscal year. After the Engineer's Report is completed, the Council may preliminarily approve the Engineer's Report and proposed assessments and establish the date for a public hearing on the continuation of the assessments. This Report was prepared pursuant to the direction of the Council adopted on January 5, 2005. If the Council approves this Engineer's Report and the proposed assessments by resolution, a notice of assessment levies must be published in a local paper at least 10 days prior to the date of the public hearing. The resolution preliminarily approving the Engineer's Report and establishing the date for a public hearing is used for this notice. Following the minimum 10 -day time period after publishing the notice, a public hearing is held for the purpose of allowing public testimony about the proposed continuation of the assessments. This hearing is currently scheduled for June 1, 2005. At this hearing, the Council would consider approval of a resolution confirming the assessments for fiscal year 2005 -06. If so confirmed and approved, the assessments would be submitted to the County Auditor /Controller for inclusion on the property tax rolls for Fiscal Year 2005 -06. City of Moorpark Parks Maintenance and Recreation Improvement District 05125105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 2 CITY OF MOORPARK Parks & Recreation Maintenance and Improvement District I/. 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 January 5, 2005. _ Engin er of Work, License No. C052091 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 12005. ' 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 2005, by Resolution No. Clerk of the City Council 1 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 , 2005. Clerk of the City Council ' 5. I, the Coun ty Auditor of the County of Ventura, California, hereby certify that a copy of the Assessment Roll and Assessment Diagram for fiscal year 2005 -06 was filed with me ' on 12005. County Auditor, County of Ventura City of Moorpark Parks Maintenance and Recreation Improvement District Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. 05/25/05 Page 3 I Ill. PLANS & SPECIFICATIONS ' The City of Moorpark maintains park facilities throughout the City. The work and improvements proposed to be undertaken by the City of Moorpark Parks & Recreation Maintenance and Improvement District (the "District ") and the cost thereof paid from the levy of the annual assessment provide special benefit to Assessor Parcels within the District as defined in the Method of Assessment herein. Consistent with the ' Landscaping and Lighting Act of 1972, (the "Act ") the work and improvements are generally described as follows: 1 11 Installation, maintenance and servicing of public recreational facilities and improvements, including but not limited to landscaping, sprinkler systems, park grounds, park facilities, landscape corridors, ground cover, shrubs and trees, street frontages, playground equipment and hardcourt areas, water, drainage systems, lighting, fencing, entry monuments, basketball courts, tennis courts, running tracks, swimming pools, restroom facilities including sewage systems, other recreational facilities, security guards, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, for property owned and maintained by the City of Moorpark. Any plans and specifications for these improvements will be filed with the Director of Community Services of the City of Moorpark and are incorporated herein by reference. As applied herein, "Installation" means the construction of recreational improvements, including, but not limited to, land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks and drainage, lights, playground equipment, play courts, recreational facilities and public restrooms. "Maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including repair, removal or replacement of all or any part of any improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste, and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. "Servicing" means the furnishing of electric current, or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; or water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. City of Moorpark Parks Maintenance and Recreation Improvement District 05125105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 4 IV. FISCAL YEAR 2005 -06 ESTIMATE OF COST AND BUDGET CITY OF MOORPARK Parks and Recreation Maintenance and Improvement District ' Estimate of Cost Fiscal Year 2005 -06 ' Total Budget Installation, Maintenance & Servicing Costs ' Capital Outlay $19,781 Capital Improvements $2,128,492 Property Maintenance $186,370 ' Tree Trimming $38,300 Landscaping Services $358,450 Water $119,840 Utilities $46,404 Supplies and Materials $7,100 Equipment and Vehicle Operation and Maintenance $11,000 Graffiti Abatement $25,000 ' Maintenance and Operation of Grounds and Recreational Facilities $453,649 Equipment and Repair $5,500 Equipment Rental $7,750 ' Subtotal - Installation, Maintenance and Servicing $3,407,636 Administrative Costs and Incidentals $111,661 ' Totals for Installation, Maintenance, Servicing and Administration $3,519,297 Less: City Contribution for General and Special Benefits ($2,936,418) ' Net Cost of Installation, Maintenance, Servicing and Administration $582,879 (Total Amount to be Assessed) Contributions (to) /from Reserve Fund $0 Net Amount to Assessment $582,879 Budget Allocation to Property ' Total Assessment Budget' $582,879 Single Family Equivalent Benefit Units 12,687.83 ' Assessment per Single Family Equivalent Unit $45.94 All assessments are rounded to lower even penny. Therefore, the budget amount slightly differs from the assessment rate City of Moorpark Parks Maintenance and Recreation Improvement District 05125105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 5 V. METHOD OF APPORTIONMENT A. Method of Apportionment This section of the Engineer's Report includes an explanation of the benefits to be ' derived from the installation, maintenance and servicing of park facilities throughout the City, and the methodology used to apportion the total assessment to properties within the Parks Maintenance and Recreational Improvement District. The Parks & Recreation Maintenance and Improvement District consists of all Assessor Parcels within the boundaries of the City of Moorpark as defined by the County of Ventura tax code areas. The parcels include all privately or publicly owned parcels within said boundaries. The method used for apportioning the assessment is based upon the proportional special benefits to be derived by the properties in the Parks & Recreation Maintenance and Improvement District over and above general benefits conferred on real property or to the public at large. The apportionment of special benefit is a two step process: the first step is to identify the types of special benefit arising from the improvements, and the second step is to allocate the assessments to property based on the estimated relative special benefit for each type of property. B. Discussion of Benefit In summary, the assessments can only be levied based on the special benefit to property. This benefit is received by property over and above any general benefits. Moreover, such benefit is not based on any one property owner's use of the City's recreational facilities or a property owner's specific demographic status. With reference to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act of 1972 states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. " Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that assessments must be based on the special benefit to property: "No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. " Six benefit categories have been established that represent the types of special benefit to residential, commercial, industrial and other lots and parcels resulting from the installation, maintenance and servicing of park and recreation improvements to be provided with the assessment proceeds. These categories of special benefit are derived from the statutes passed by the California Legislature and other studies which describe City of Moorpark Parks Maintenance and Recreation Improvement District 05125105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 6 ' the types of special benefit received by property from maintenance and improvements such as those proposed by the City of Moorpark Parks & Recreation Maintenance and ' Improvement District. These types of special benefit are summarized as follows: • Enhanced recreational opportunities and expanded access to recreational facilities for all residents throughout the City. Residential properties benefit from the enhanced recreational opportunities offered ' by the improvements and maintenance services that would be made throughout the City. These maintenance and improvement services include, among others, new playground equipment, improved playcourt, playfield and turf areas, and higher levels of maintenance and watering than would be provided in absence of the assessment. These improved park facilities will be available to residents and guests of property owners within the City, thereby making these properties more valuable. Non - residential properties also will benefit from the improved park facilities in many ' ways. Employees will have better and well- maintained facilities to utilize for exercise, recreational activities, sporting events, picnics, company gatherings or other uses. These improvements, therefore, enhance an employer's ability to attract and keep quality employees. The benefits to employers ultimately flow to the property because better ' employees improve the business prospects for companies and enhanced economic conditions benefit the property by making it more valuable. • Protection of views, scenery and other resources values and environmental benefits enjoyed by residents, employees, customers and guests and preservation of public assets maintained by the City. ' The proposed Parks & Recreation Maintenance and Improvement District will provide funding to protect and improve the public resources and facilities of the City. For ' example, the assessments will provide funding to remove graffiti from City park and recreation facilities, to keep the City's park grounds clean with consistent trash removal and to adequately maintain the grounds and facilities so that turf areas remain green and healthy and the grounds and facilities of the City do not fall into disrepair. This benefits ' properties by maintaining and improving the public resources in the community. ' • Increased economic activity. Well - maintained and improved park facilities will allow for expansion of recreation programs and increased use of the facilities. Expanded use and activities facilitated by ' new and refurbished facilities brings greater numbers of people in the area who can utilize the services of businesses within the District. The users of the City's recreational facilities will be more likely to shop and eat locally. Increased use leads to increased economic activity in the area, which is a benefit ultimately to property. • Expanded employment opportunity. ' Improved recreational facilities and public resources foster business growth which, in turn, creates additional employment opportunities for City residents. In addition, the assessments expand local employment opportunities by funding new projects that may create the need for additional construction or maintenance jobs. ' City of Moorpark Parks Maintenance and Recreation Improvement District 05125105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 7 Improved and well - maintained recreational facilities also provide business properties with an opportunity to attract and keep employees due to the benefits provided by these ' recreational facilities. • Reduced cost of local government in law enforcement, public health care, fire ' prevention and natural disaster response. High quality recreational facilities allow residents and employees in the City to enjoy ' activities close to home, thereby not spending time driving to other areas. Improved and well- maintained recreational facilities can also serve to improve public safety and reduce the cost to local government by providing a positive setting for youth and adult activities. All of these factors ultimately benefit property by making the community more desirable and property, in turn, more valuable. L J • Enhanced quality of life and desirability of the area. The assessments will provide funding to improve the City's public recreational facilities and to ensure that the parks and facilities remain operable, safe, and well maintained. Such improved and well- maintained facilities enhance the overall quality of life and desirability of the area. This is a benefit to residential, commercial, industrial and other properties. • Specific enhancement of property values. The above benefit factors, when applied to property in the City, create specific enhancement of property values. For example, the assessments will provide funding to improve the City's public facilities and grounds and to ensure that the grounds and facilities remain operable, safe, and well maintained. Such improved and well - maintained facilities enhance the overall quality of life and desirability of the area. In turn, property values are specifically enhanced by the availability of improved and well - maintained recreation facilities and public resources within a community. Values of commercial and industrial property increase based on the economic activity and the quality of public resources in the area. Having a system of well- maintained and improved neighborhood parks serves as an important environmental feature for which the community of Moorpark will be known. This, in turn, makes the City of Moorpark a more attractive and safer place to live and to locate new businesses by improving overall quality of the community, providing pleasant places for residents to enjoy, and increasing recreational opportunities. The correlation between enhanced property values and improved and well - maintained recreational facilities has been documented. The United States Department of the Interior, National Park Service determined that "An investment in parks and recreation helps reduce pollution and noise, makes communities more livable, and increases property value." Additionally, the National Recreation and Park Association, in June 1985, stated, "The recreation value is realized as a rise in the value of land and other property in or near the recreation area, and is of public interest to the taxpayers, who have a stake in a maximum of total assessed values. " In addition, professional property appraisers have found that well- maintained public recreational grounds and facilities enhance property values in a community. City of Moorpark Parks Maintenance and Recreation Improvement District Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. 05/25/05 Page 8 IC. General versus Special Benefit ' The cost of improving and maintaining the grounds and facilities for use and enjoyment by property owners, residents, employees and customers in the City is a special benefit to property in the District because the improvements and maintenance confer the special ' benefit factors described above. Moreover, in absence of the proposed assessments, the level of park maintenance and improvement would decline due to City budget constraints. Therefore, the assessments provide special benefits to the community by ' supporting a higher level of park maintenance and improvement than would otherwise be provided. The maintenance and improvement of the City's parks and recreational facilities from the assessments also provide a degree of general benefits to the public at large. A measure of this general benefit is the proportionate amount of time that the City's parks and recreational facilities are used and enjoyed by the greater public at large'. It is ' reasonable to assume that approximately 25% of the usage and enjoyment of the improvements is by the greater public. Therefore, approximately 25% of the benefits conferred by the proposed maintenance and improvements are determined to be ' general in nature. (It should be noted, however, that benefit factors such as protection of resource values, reduced cost of local government and specifically enhanced property values are conferred to property in the District regardless of the use of the parks and facilities.) The City's total budget for maintenance, operation and improvement of its parks and ' recreational facilities is $3,519,297. Of this total budget amount, the proposed contribution from the City from sources other than the assessments is $2,936,418. If the City Council approves this level of contribution, the City's contribution would equate to ' approximately 83% of the total budget for park maintenance and improvement, which more than offsets the cost of the general benefits resulting from the maintenance and improvements .2 D. Method of Assessment ' The second step in apportioning assessments is to determine the relative special benefit for each property. This process involves determining the relative benefit received by each property in relation to a single family home, or, in other words, on the basis of Single Family Equivalents (SFE). This SFE methodology is commonly used to distribute assessments in proportion to estimated special benefit and is generally recognized as ' providing the basis for a fair and appropriate distribution of assessments. For the purposes of this Engineer's Report, all properties are designated a SFE value, which is each property's relative benefit in relation to a single family home on one parcel. In this The greater public at large is generally defined as those who are not residents, property ' owners, customers or employees within the District boundaries. At the proposed City contribution of $2,936,418, the total amount assessable to property would be $582,879, which equates to an assessment rate of $45.94 per single family equivalent. City of Moorpark Parks Maintenance and Recreation Improvement District 05125105 Engineer's Report, Fiscal Year 2005 -06, by Shills Consultants, Inc. Page 9 case, the "benchmark" property is the single family detached dwelling which is one Single Family Equivalent or one SFE. E. Proximity Benefits The City's park facilities are easily accessible by anyone within a neighborhood or the City. Therefore, benefits from the proposed improvements do not vary based on proximity of the parcels to the improvements because the increased benefits of greater proximity to the improvements are generally offset by a parallel increase in negative factors such as higher levels of traffic, noise, etc. that comes with increased proximity. Consequently, since all parcels in the City have good access and proximity to the City's grounds and recreational facilities and the benefits to relatively closer proximity are offset by other factors, proximity is not considered to be a factor in determining benefit within the Parks Maintenance and Improvement District. F. Assessment Apportionment In the process of determining the appropriate method of assessment, the Engineer ' considered various alternatives. For example, an assessment only for all residential improved property was considered but was determined to be inappropriate because commercial, industrial and other property also receive benefits from the assessments. 1 Moreover, a fixed or flat assessment for all properties of similar type was deemed to be inappropriate because larger properties receive a higher degree of benefit than other similarly used properties that are significantly smaller. (For two properties used for commercial purposes, there is clearly a higher benefit provided to the larger property in comparison to a smaller commercial property because the larger property generally supports a larger building and has higher numbers of employees, customers and guests that would benefit from well maintained and improved parks and recreational facilities. This benefit ultimately flows to the property.) Larger parcels, therefore, receive an increased benefit from the assessments. As stated previously, the special benefits derived from the assessments are conferred on property and are not based on a specific property owner's use of the improvements, or a specific property owner's occupancy of property or the property owner's demographic status such as age or number of dependents. However, it is ultimately people who value the special benefits described above, use and enjoy the City's park and recreational facilities and control property values by placing a value on the special benefits to be provided by the improvements. In other words, the benefits derived to property are related to the average number of people who could potentially live on, work at or otherwise could use a property, not how the property is currently used by the present owner. Therefore, the number of people who could or potentially live on, work at or otherwise use a property is an indicator of the relative level of benefit received by a property. City of Moorpark Parks Maintenance and Recreation Improvement District 05125105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 10 ' Therefore, the Engineer determined that the appropriate method of assessment should be based on the type of property, the relative size of the property and the potential use ' of property by residents and employees. This method is further described below. ' 1. Residential Properties ' All improved residential properties that represent a single residential dwelling unit are assigned one Single Family Equivalent or 1.0 SFE. Traditional houses, zero -lot line houses and townhomes are included in this category. ' Properties with more than one residential unit are designated as multi - family residential properties. These properties benefit from the improvements in proportion to the number of dwelling units that occupy each property and the average number of people who ' reside in multi - family residential units versus the average number of people who reside in a single family home. The population density factors for the City of Moorpark, as depicted below, provide the basis for determining the SFE factors for residential ' properties. Using the total population in a certain property type within the City of Moorpark from the 1990 Census and dividing it by the total number of such households, finds that approximately 3.54 persons occupy each single family residence, whereas an 7 FI average of 2.78 persons occupy each multi - family residence. Using the ratio of one SFE for each single - family residence, which equates to one SFE for every 3.54 persons, 0.78 SFE would equate to one multi - family unit or 0.78 SFE for every 2.78 residents. Likewise, using the average population density ratios for other types of residential property, each condominium unit receives 0.80 SFE and each mobile home receives 0.65 SFE. Table 1 Residential Assessment Factors Source: 1990 Census, City of Moorpark ' City of Moorpark Parks Maintenance and Recreation Improvement District 05125105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 11 Total Population Occupied Households Persons per Household SF Facto Single Family Residential 20,105 5,679 3.54 1.00 Condominium 2,361 835 2.83 0.80 Multi- Family Residential 2,155 776 2.78 0.78 Mobile Homes 672 292 2.30 0.65 Source: 1990 Census, City of Moorpark ' City of Moorpark Parks Maintenance and Recreation Improvement District 05125105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 11 Z CommerciaUlndustrial Properties SFE values for commercial and industrial land uses are based on the equivalence of special benefit on a land area basis between single family residential property and the average commercial /industrial property. The SFE values for various commercial and industrial land uses are further defined by using average employee densities because the special benefit factors described previously are also related to the average number of people who work at commercial /industrial properties. In order to determine employee density factors, the findings from the San Diego Association of Governments Traffic Generators Study (the "SANDAG Study ") are used because these findings were approved by the State Legislature for use in justifying commercial and industrial school facilities fees and are considered to be a good representation of the average number of employees per acre of land area for commercial and industrial properties. As determined by the SANDAG Study, the average number of employees per acre for commercial and industrial property is 35. In comparison, the average number of people residing in a single family home in the area is 3.54. Since the average lot size for a single family home in Moorpark is approximately 0.17 acres, the average number of residents per acre of residential property is 21.3 The employee density per acre is generally 1.7 times the population density of single family residential property per acre (35 employees per acre / 21 residents per acre). Therefore, the average employee density can be used as the basis for allocating benefit to commercial or industrial property since a property with 1.7 employees receives generally similar special benefit to a residential property with 1 resident. This factor of equivalence of benefit between 1 resident to 1.7 employees is the basis for allocating commercial /industrial benefit. Table 2 shows the average employees per acre of land area or portion thereof for commercial and industrial properties and lists the relative SFE factors per fifth acre for properties in each land use category. Commercial and industrial properties in excess of 5 acres generally involve uses that are more land intensive relative to building areas and number of employees (lower coverage ratios). As a result, the benefit factors for commercial and industrial property land area in excess of 5 acres is determined to be the SFE rate per fifth acre for the first 5 acres and the relevant SFE rate per each additional acre over 5 acres. Institutional properties that are used for residential, commercial or industrial purposes are also assessed at the appropriate residential, commercial or industrial rate. 3 . Average lot size determined by an analysis of real property maps and Ventura County assessor parcel data. City of Moorpark Parks Maintenance and Recreation Improvement District 05125105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 12 Table 2 Commercial/Industrial Assessment Factors Average SFE Units Type of Commercial /Industrial Employees per Land Use Per Acre' 115 Acre 2 Commercial 24 0.7 Office 68 1.9 Shopping Center 24 0.7 Industrial 24 0.7 Self Storage or Parking Lot 1 0.03 1. Source: San Diego Association of Governments Traffic Generators Study. 2. The SFE factors for commercial and industrial parcels are applied by the fifth acre of land area or portion thereof. (Therefore, the minimum assessment for any assessable parcel in these categories is the SFE Units listed herein.) 3. Vacant Residential Land The benefits to be received from the construction and maintenance of recreational facilities throughout the City include active benefits which are related to the use and enjoyment of property in the City and passive benefits which are related to the underlying land. An example of a passive benefit is enhancement of property value that will accrue to a vacant parcel from the park maintenance and improvements based on its future potential use. Another example of a passive benefit factor is increased economic activity because all properties in areas with increased economic activity are generally more valuable. Undeveloped property also benefits from the installation and maintenance of recreational facilities because when the property is developed, the recreational facilities will be available to the developed property. The benefit to vacant properties is determined to be proportional to the corresponding benefits for similar type developed properties. It is reasonable to assume that approximately 25% of the benefits are related to the underlying land and 75% are related to the day to day use of the property. Using this ratio, the SFE factor for vacant parcels is 0.25 per parcel. As properties are approved for development, their value increases. Likewise, the special benefits received by vacant property increases as the property is approved for development, or becomes closer to being fully improved. When property moves from vacant status to the point at which a development application and engineering plans have been submitted to the City for approval, such property is deemed to receive 35% of the relative benefits that would be received by the property after it is fully improved or City of Moorpark Parks Maintenance and Recreation Improvement District 05125105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 13 developed. Thus the SFE factor for property with proposed development applications is 35% of the rate that would be applied to the property when it is fully developed. At the second stage towards development, tentative parcel maps and site development plans are approved for the property. At this point, the property is at the final stage and ' can shortly undergo construction. Since the property is nearing the point of development, its special benefits increase. The Engineer has determined that the relative level of benefit for approved property is 65% of the rate for similar developed ' property. Therefore, all approved property is assigned an SIFE factor that is equal to 65% of the SFE factor that would be applied to the property after it is fully developed.° ' 4. Other Properties ' All properties that are specially benefited are assessed. Public right -of -way parcels, well, reservoir or other water rights parcels, limited access open space parcels, watershed parcels and common area parcels typically do not generate employees, FI residents, customers or guests. Moreover, many of these parcels have limited economic value and, therefore, do not benefit from specific enhancement of property value. Such parcels are, therefore, not specially benefited and are not assessed. Church parcels, school parcels and other properties used for educational purposes typically generate a lower number of employees than other non - residential parcels. Moreover, many of these parcels provide some degree of on -site amenities that serve to offset some of the benefits from the Parks Maintenance and Improvement District. Therefore, these parcels receive minimal benefit and are assessed an SFE factor of 1. Publicly or institutionally owned property that is used for residential, commercial, office or industrial purposes benefits from the assessments at the same level as any other similarly used property that is privately owned. Therefore, such publicly or institutionally owned property is assessed at the same rate as other similarly used property. a . For example, if a roP e rtYis proposed for development of 100 single family homes, the SFE factor would be 100 SFE *35 %, which equals 35 SFE. After the property is approved for development, the SFE factor would be 65 (100 SFE upon completion * 65 %). The rates for commercial and industrial property are applied similarly. City of Moorpark Parks Maintenance and Recreation Improvement District Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. 05125105 Page 14 1 5. Appeals and Interpretation ' Any property owner who feels that the assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment, may file a written appeal with the Director of Community Services or her or his designee. Any such appeal is limited to correction of an assessment during the then current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, ' the Director of Community Services or his or her designee will promptly review the appeal and any information provided by the property owner. If the Director of Community Services or her or his designee finds that the assessment should be modified, the appropriate changes shall be made to the assessment roll. If any such ' changes are approved after the assessment roll has been filed with the County for collection, the Director of Community Services or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any property owner ' who disagrees with the decision of the Director of Community Services or her or his designee, may refer their appeal to the City Council of the City of Moorpark and the decision of the City Council of the City of Moorpark shall be final. City of Moorpark Parks Maintenance and Recreation Improvement District 05125105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 15 11 I`J W ASSESSMENT WHEREAS, on January 5, 2005 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 Levying of Annual Assessments for "Moorpark Parks & Recreation Maintenance and Improvement District "; WHEREAS, said Resolution directed the undersigned Engineer of Work to prepare and file a report presenting an estimate of costs, a diagram for the assessment district and an assessment of the estimated costs of the improvements upon all assessable parcels within the assessment district, to which Resolution and the description of said proposed improvements therein contained, reference is hereby made for further particulars; NOW, THEREFORE, the undersigned, by virtue of the power vested in me under said Act and the order of the City Council of said City of Moorpark, hereby make the following assessment to cover the portion of the estimated cost of said improvements, and the costs and expenses incidental thereto to be paid by the assessment district. The amount to be paid for said improvements and the expense incidental thereto, to be paid by the Parks & Recreation Maintenance and Improvement District for the fiscal year 2005 -06 is generally as follows: SUMMARY COST ESTIMATE F. Y. 2005 -06 Budget Parks Maintenance and Improvement $3,407,636 Incidentals, Allowance and Administration Expenses $111,661 TOTAL BUDGET $3,519,297 Less: City Contribution for General and Special Benefits - $2,936,418 NET AMOUNT TO ASSESSMENTS $582,879 As required by the Act, an Assessment Diagram is hereto attached and made a part hereof showing the exterior boundaries of said Parks & Recreation Maintenance and Improvement District. The distinctive number of each parcel or lot of land in the said Parks & Recreation Maintenance and Improvement District is its Assessor Parcel Number appearing on the Assessment Roll. 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 City of Moorpark Parks Maintenance and Recreation Improvement District Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. 05/25/05 Page 16 parcels and lots of land within said Parks & Recreation Maintenance and Improvement District, in accordance with the special benefits to be received by each parcel or lot, from ' the improvements, and more particularly set forth in the Cost Estimate and Method of Assessment hereto attached and by reference made a part hereof. 1 n L! The assessment is made upon the parcels or lots of land within the Parks & Recreation Maintenance and Improvement District in proportion to the special benefits to be received by the parcels or lots of land, from said improvements. The authorized maximum assessment rate for the District includes an annual adjustment by an amount equal to the annual change in the Los Angeles Consumer Price Index, not to exceed 3% per year. As the amount of the annual increase in the Los Angeles Area Consumer Price Index from December 2003 to December 2004 is 4.39 %, the authorized maximum levy rate for fiscal year 2005 -06 is 3.0% above the maximum levy rate for fiscal year 2004 -05. Including the authorized annual adjustment, the maximum authorized assessment rate for fiscal year 2005 -06 is $45.94 per single family equivalent benefit unit and the proposed fiscal year 2005 -06 assessment rate per single family equivalent benefit unit is $45.94. In the event that the actual assessment rate for any given year is not increased by an amount equal to the minimum of 3% or the yearly CPI change plus any CPI change in previous years that was in excess of 3 %, the maximum authorized assessment shall increase by this amount. In such event, the maximum authorized assessment 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. 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 2005 -06. 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 2005 -06 for each parcel or lot of land within the said Parks & Recreation Maintenance and Improvement District. Dated: May 25, 2005 frNo. W C052091 .�\ Exp.L 2 3, -Z civ er of Work By Inc I John 1IV liss, Licens No. C052091 ' City of Moorpark Parks Maintenance and Recreation Improvement District 05125105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 17 Vll. Assessment Diagram The Parks & Recreation Maintenance and Improvement District includes all properties within the boundaries of the City of Moorpark. The area within the boundaries of the City encompasses approximately 12.4 square miles, the majority of which is developed for urban use, or planned or approved for development. The boundaries of the Parks Maintenance and Improvement District are displayed on the following Assessment Diagram. City of Moorpark Parks Maintenance and Recreation Improvement District 05125105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 18 F 4 N d W E• '� ® °► r �. A, s - pus n z I If jf ---------- t� S - :----- ----- - - - - - -- - - --- ------ �_ Q i ndj� NP I a i villa 4mru Pk GWJ111111111111111111 9[N Np S T PP te at. Pk Note: REFERENCE IS HEREBY MADE TO THE MAPS AND DEEDS OF RECORD IN THE OFFICE OF THE ASSESSOR OF THE COUNTY OF VENTURA FOR A DETAILED DESCRIPTION OF THE LINES AND DIMENSIONS OF ANY PARCELS SHOWN HEREIN. THOSE MAPS SHALL GOVERN FOR ALL DETAILS CONCERNING THE LINES AND DIMENSIONS OF SUCH PARCELS. EACH PARCEL IS IDENTIFIED IN SAID MAPS BY ITS DISTINCTIVE ASSESSOR'S PARCEL NUMBER. Legend Parks 0 Assessment Boundary Line # '�- I FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF MOORPARK, COUNTY OF VENTURA, CALIFORNIA, THIS DAY OF .2005. CITY CLERK RECORDED IN THE OFFICE OF THE DIRECTOR OF / COMMUNITY SERVICES OF THE CITY OF MOORPARK, COUNTY OF VENTURA, CALIFORNIA, THIS i DAY OF 2005. FILED THIS DAY OF 2005, 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 DIRECTOR OF COMMUNITY SERVICES 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 2005 FOR FISCAL YEAR 2005-06 AND SAID ASSESSMENT DIAGRAM AND THE ASSESSMENT ROLL FOR SAID FISCAL YEAR WERE FILED IN THE OFFICE OF THE COUNTY AUDITOR OF THE COUNTY OF VENTURA ON THE DAY OF 2005. REFERENCE IS HEREBY MADE TO SAID RECORDED ASSESSMENT ROLL FOR THE EXACT AMOUNT OF EACH ASSESSMENT LEVIED AGAINST EACH PARCEL OF LAND. CITY CLERK Streets CITY OF MOORPARK 2300 Boynton Avenueue, , Suite 101 �,; 'Railroads Shills Consultants, PARKS & RECREATION MAINTENANCE AND IMPROVEMENT DISTRICT Fairfield, CA 94533 ASSESSMENT DIAGRAM Vlll. Appendix A -4972 ACT APPLICATION If approved, the Park Maintenance and Improvement District, through the Act, would collect special benefit assessments and provide funding for the installation, maintenance and servicing of park and recreational facilities in the City. The assessments are levied on the basis of benefit and are considered an assessment, not a tax. Pertinent excerpts from the Act are included below. §22500 Short Title This part shall be known and may be cited as the "Landscaping and Lighting Act of 1972." §22503 Assessment district; benefited territory An assessment district shall consist of all territory which, as determined by the legislative body, will be benefited by the improvements and is to be assessed to pay the costs thereof. §22504 Assessment District; territory within local agency An assessment district may consist of all or any part of the territory within the local agency and, in the case of a county, may consist of all or any part of the unincorporated territory of the county. §22505 Assessment district; contiguous or non - contiguous territory An assessment district may consist of contiguous or non - contiguous areas. The improvement in one area need not be of benefit to other areas. §22523 Engineer "Engineer" means the city engineer, county engineer, engineer of the district, or any person designated by the legislative body as the engineer for the purposes of this part, including officer, board, or employee of the local agency or any private person or firm specially employed by the Local agency as engineer for the purposes of this part. (Revised by Article XIIID of the California Constitution) §22525 Improvement "Improvement" means one or any combination of the following: (a) The installation of planting or landscaping. City of Moorpark Parks Maintenance and Recreation Improvement District 05125105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 20 (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 1 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. ' §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. ' City of Moorpark Parks Maintenance and Recreation Improvement District 05125105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page21 (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. (i) The acquisition or construction of any community center, municipal auditorium ' or hall, or similar public facility for the indoor presentation of performances, shows, stage productions, fairs, conventions, exhibitions, pageants, meetings, parties, or other group events, activities, or functions, whether those events, ' activities, or functions are public or private. ' §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. ' City of Moorpark Parks Maintenance and Recreation Improvement District 05125105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page21 (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. (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. City of Moorpark Parks Maintenance and Recreation Improvement District 05125105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 22 1 IJ 1 LJ (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 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 Parks Maintenance and Recreation Improvement District Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. 05125105 Page23 IX. Appendix B - Article XHID 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. J L�� n 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 Parks Maintenance and Recreation Improvement District Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. 05/25/05 Page 24 ' City of Moorpark Parks Maintenance and Recreation Improvement District 05125105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page25 "Maintenance ' (f) 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. 11 (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. ' City of Moorpark Parks Maintenance and Recreation Improvement District 05125105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page25 (a) No tax, assessment, fee, or charge shall be assessed by any agency upon any ' parcel of property or upon any person as an incident of property ownership except: (1) The ad valorem property tax imposed pursuant to Article XIII and Article XII IA. (2) Any special tax receiving a two- thirds vote pursuant to Section 4 of Article XII 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. ' City of Moorpark Parks Maintenance and Recreation Improvement District 05125105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page25 (b) All assessments shall be supported by a detailed engineer's report prepared by a registered professional engineer certified by the State of California. (c) The amount of the proposed assessment for each identified parcel shall be calculated and the record owner of each parcel shall be given written notice by mail of the proposed assessment, the total amount thereof chargeable to the entire district, the amount chargeable to the owner's particular parcel, the duration of the payments, the reason for the assessment and the basis upon which the amount of the proposed assessment was calculated, together with the date, time, and location of a public hearing on the proposed assessment. Each notice shall also include, in a conspicuous place thereon, a summary of the procedures applicable to the completion, return, and tabulation of the ballots required pursuant to subdivision (d), including a disclosure statement that the existence of a majority protest, as defined in subdivision (e), will result in the assessment not being imposed. (d) Each notice mailed to owners of identified parcels within the district pursuant to subdivision (c) shall contain a ballot which includes the agency's address for receipt of the ballot once completed by any owner receiving the notice whereby the owner may indicate his or her name, reasonable identification of the parcel, and his or her support or opposition to the proposed assessment. (e) The agency shall conduct a public hearing upon the proposed assessment not less than 45 days after mailing the notice of the proposed assessment to record owners of each identified parcel. At the public hearing, the agency shall consider all protests against the proposed assessment and tabulate the ballots. The agency shall not impose an assessment if there is a majority protest. A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. (f) In any legal action contesting the validity of any assessment, the burden shall be on the agency to demonstrate that the property or properties in question receive a special benefit over and above the benefits conferred on the public at large and that the amount of any contested assessment is proportional to, and no greater than, the benefits conferred on the property or properties in question. (g) Because only special benefits are assessable, electors residing within the district who do not own property within the district shall not be deemed under this Constitution to have been deprived of the right to vote for any assessment. If a court determines that the Constitution of the United States or other federal law requires otherwise, the assessment shall not be imposed unless approved by a two- thirds vote of the electorate in the district in addition to being approved by the property owners as required by subdivision (e). City of Moorpark Parks Maintenance and Recreation Improvement District 05125105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 26 CALIFORNIA CONSTITUTION ARTICLE 13D City of Moorpark Parks Maintenance and Recreation Improvement District 05125105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page27 (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 Parks Maintenance and Recreation Improvement District 05125105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page27 X. Appendix C - 2005 -06 ASSESSMENT ROLL An Assessment Roll (a listing of all parcels assessed within the Park Maintenance and Improvement District and the amount of the assessment) will be filed with the City Clerk and is, by reference, made part of this report and is available for public inspection during normal office hours. Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference made part of this report. These records shall govern for all details concerning the description of the lots or parcels. City of Moorpark Parks Maintenance and Recreation Improvement District 05125105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 28