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AGENDA REPORT 2005 0504 CC REG ITEM 10F
ITEM 10. F. CITY OF MOORPARK, CALIFORNIA City Council Meeting of • Is ••• AGENDA MOORPARK CITY COUNCIL* REPORT TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public Works DATE: April 19, 2005 (CC Meeting 5 -4 -05) SUBJECT: Resolution Approving the Engineer's Report for the Landscaping and Lighting Maintenance Assessment Districts for Fiscal Year 2005/2006 and Providing Notice of Public Hearing on June 1, 2005 EXECUTIVE SUMMARY This presents for approval a Resolution approving the Engineer's Report for the City's Landscaping and Lighting Maintenance Assessment Districts and setting the date for a public hearing to consider the levy of the assessments for said Districts for FY 2005/06. DISCUSSION A. Background In 1984, a Landscaping & Lighting Maintenance Assessment District (AD 84 -2) was created to fund costs associated with Citywide street lighting and landscape maintenance. This was a successor to the District enacted by the County of Ventura prior to the incorporation of the City. In subsequent years additional Landscaping & Lighting Maintenance Assessment Districts (AD01 -1, AD01 -2, AD01 -3 and AD04 -01) were formed at the request of the owner / developer of the affected properties. B. Citywide Lighting & Landscaping Assessment District AD84 -2 provides for the levy of an assessment upon all of the parcels in the City, to fund street lighting energy and maintenance costs. A separate assessment, also levied upon all of the parcels in the City, funds maintenance and improvement costs for certain designated AD84 05 -06 report V Landscaping & Lighting Assessment Districts Engineer's Report May 4, 2005 Page 2 C. Sub - Districts In addition to the above described "city- wide" assessments, a number of Sub - Districts have been established to levy additional assessments upon the lots within those Sub - Districts, to fund the maintenance and improvement of certain designated improvements within or adjacent to those areas. D. Annual Review As part of the annual budget process, the City Council considers whether or not to renew the subject Assessment Districts and levy assessments for the upcoming fiscal year. In preparation for that consideration, it is necessary to prepare an Engineer's Report setting forth certain relevant information pertaining to such an action. On January 5, 2005, the City Council adopted Resolution No. 2005 -2276 directing the preparation of that Engineer's Report. E. Enaineer's Report The FY 05/06 Engineer's Report for the subject Assessment District has been distributed to the City Council and key staff members by separate Memo. Copies of this report may be obtained from the City Clerk's Department. This report sets forth certain relevant information, including the following: • a Boundary Map(s); • the reason for the assessments; • the duration of the assessments; • the method of assessments; • the amount of the annual assessments; • information regarding cost of living adjustments; • information pertaining to reductions to the amounts levied in order to keep assessment fund reserve balances within certain prescribed limits; and • a description of improvements to be maintained. F. Improvements to be Maintained The improvements and maintenance funded by the Assessment Districts is generally described as follows: a. Street Lighting: Street lighting energy and maintenance costs (Citywide assessment). b. Landscape Maintenance: The maintenance of certain designated parkways and medians (Citywide assessment). c. Sub- Districts: 1 Pecan Avenue [T -2851] 2 Steeple Hill Area [T -2865] * ** 3 Buttercreek /Peppermill [T -3032] AD84 05 -06 report C, u . . w Landscaping & Lighting Assessment Districts Engineer's Report May 4, 2005 Page 3 4 Williams Ranch Rd [T -3274] 5 Pheasant Run Area [T -3019 & T -3525] * ** 6 Inglewood St. [T -3306] 7 Moorpark Business Park (L. A. Ave & Gabbert) 8 Home Acres Buffer 9 Moorpark Industrial Park (Condor Drive) 10 Mountain Meadows (PC -3) * ** 11 Alyssas Ct. [T -4174] 12 Carlsberg Specific Plan Area 13 Unassigned 14 Wilshire Builders [T -5201] (AD01 -1) 15 Toll Brothers [T -4928] (AD01 -2) 16 Cabrillo [T -5161] (AD01 -3) * ** 17 Unassigned 18 Colmer [T -5307] (AD04 -1) * ** * ** Landscape and Drainage Maintenance G. Method of Assessment The method used to establish the assessment amounts is set forth in the Engineer's Report. This method (benefit spread formula, etc.) is unchanged from prior years. H. FY 2005/06 Assessment Amounts The assessment amounts proposed for FY05 /06 are set forth in Exhibit 1. I. Cost of Living Adjustment Pursuant to language set forth in Districts 12, 14, 15, 16 and 18, these Districts may be increased living increases. The assessment a7 include these COLA Adjustments. amounts are summarized as follows: the formation documents for the annual assessments for annually to cover cost -of- nounts set forth in Exhibit 1 Those adjusted assessment AD84_05- 06_report 00C-44- 013 FY 04/05 C.O.L.A. FY 05/06 Per Unit [Ac.] Adjustment Per Unit [Ac.] Total Assessment AmountAssessment FY 05/06 Zone /District Amount [4.4 %] Amount Assessment 12 - Residential $431.70 $18.94 $450.64 $241,543.04 12 - Commercial $156.28 $6.86 $163.14 $12,000.58 12 - Institutional $1,407.12 $61.78 $1,468.90 $5,640.58 $259,184.19 14 $127.16 $5.58 $132.74 $1,327.40 15 $1,533.40 $67.30 $1,600.70 $518,626.80 16 $370.44 $16.26 $386.70 $22,815.30 18 $779.84 $34.22 $814.06 $20,351.50 AD84_05- 06_report 00C-44- 013 Landscaping & Lighting Assessment Districts Engineer's Report May 4, 2005 Page 4 J. Improvement Reserve Ceiling The Engineer's Report provides for a Capital Reserve Account for each District. Consistent with past City Council action, the Engineer's Report stipulates that Capital Reserve Account for any Zone /District should not exceed an amount equal to three (3) times the annual operating budget for that Zone /District. Should the projected Year -End Fund Balance for any Zone /District exceed that "ceiling ", the amount of the assessment shall remain unchanged; but the amount of the assessment to be levied upon the affected properties shall be reduced to a lesser amount determined by the Assessment Engineer to be consistent with these guidelines. K. Decreased Levy Amounts Pursuant to the above policy, the amounts to be levied upon the parcels in certain Zones /Districts shall be less than the assessment amount set forth in Exhibit 1. A summary of those adjustments is as follows: Est. Ending Three Times L. Assessment Amounts Unchanged Except as noted in Section I above, the per lot (per acre) assessment amounts set forth in the Engineer's Report are the same as those levied last year. Any action to otherwise increase these assessments may not be taken without first seeking approval of such an increase via a mail ballot prepared and processed in accordance with the requirements of Proposition 218. M. Fund Activit Attached as Exhibit 2 are charts showing fund activity for all Zones /Districts for FY03 /04 through FY05 /06. Page 4 of that exhibit shows certain details with respect to the Reserve Fund Ceilings and the Assessment vs. Levy amounts for FY05 /06. AD84_05- 06_report Balance Estimated Total Total with FULL Annual Assessment Levy District Assessment Expenses Amount Amount Remarks 1 $23,785 $12,450 $9,702.00 $3,059.00 32% of Assessment 11 $6,470 $2,550 $3,040.00 $1,502.00 49% of Assessment 12 $636,880 $336,000 $259,184.00 $25,918.40 10% of Assessment 15 $2,040,571 $1,200,000 $518,627.00 $51,862.70 10% of Assessment L. Assessment Amounts Unchanged Except as noted in Section I above, the per lot (per acre) assessment amounts set forth in the Engineer's Report are the same as those levied last year. Any action to otherwise increase these assessments may not be taken without first seeking approval of such an increase via a mail ballot prepared and processed in accordance with the requirements of Proposition 218. M. Fund Activit Attached as Exhibit 2 are charts showing fund activity for all Zones /Districts for FY03 /04 through FY05 /06. Page 4 of that exhibit shows certain details with respect to the Reserve Fund Ceilings and the Assessment vs. Levy amounts for FY05 /06. AD84_05- 06_report Landscaping & Lighting Assessment Districts Engineer's Report May 4, 2005 Page 5 N. FY 04/05 Fund Deficits As reflected on Page 2 of Exhibit 2, it is anticipated that the FY 04/05 Year -End Fund Balance for certain Zones /Districts will again show a deficit. A summary of those anticipated deficits is as follows: November of 2004 to offset Beginning Year deficit. in Consistent with prior year practices, it is the intent of staff to present a report to the City Council in November of 2005, recommending approval of certain fund transfers to "zero -out" the projected FY 04/05 deficits noted above. That action will be deferred to November so that it will be based upon actual year -end fund balances. Using the above estimates, that action would be as follows: FY04 /05 From FY04 /05 Fund Begin Bal. Revenue" Expenses Ending Bal. 2300 - Lighting ($1,190) $226,124 $246,100 ($21,166) 2305 - Dist. 5 ($4,531) $27,841 $28,250 ($4,940) 2307 - Dist. 7 ($1,068) $11,941 $14,845 ($3,972) 2309 - Dist. 9 ($161) $1,563 $1,620 $218 $4,565.00 Total $6,950 $267,469 $290,815 $30,296 ** Note: Includes monies transferred into these Funds November of 2004 to offset Beginning Year deficit. in Consistent with prior year practices, it is the intent of staff to present a report to the City Council in November of 2005, recommending approval of certain fund transfers to "zero -out" the projected FY 04/05 deficits noted above. That action will be deferred to November so that it will be based upon actual year -end fund balances. Using the above estimates, that action would be as follows: 0. FY 05/06 Fund Deficits As reflected on Page 3 of Exhibit 2, it is anticipated that the FY 05/06 Year -End Fund Balance for certain Zones /Districts will once more show a deficit. A summary of those anticipated deficits is as follows: From From Transfer to: Gas Tax General Fund Total Fund Fund 2605 Fund 1000 Transfer Amt. 2300 - Lighting $21,166.00 $0.00 $21,166.00 2305 - Dist. 5 $2,470.00 $2,470.00 $4,940.00 2307 - Dist. 7 $1,986.00 $1,986.00 $3,972.00 2309 - Dist. 9 $109.00 $109.00 $218.00 $17,887 Total $25,731.00 $4,565.00 $30,296.00 0. FY 05/06 Fund Deficits As reflected on Page 3 of Exhibit 2, it is anticipated that the FY 05/06 Year -End Fund Balance for certain Zones /Districts will once more show a deficit. A summary of those anticipated deficits is as follows: * ** Note: Includes monies to be transferred into these Funds November of 2005 to offset Beginning Year deficit. in AD84_05- 06_report `� �, A a J FY05 /06 FY05 /06 Fund Begin Bal. Revenue*** Expenses Ending Bal. 2300 - Lighting ($21,166) $248,541 $260,000 ($32,625) 2300 - Landscaping $26,259 $170,763 $336,439 ($139,417) 2305 - Dist. 5 [L /S Only] ($4,940) $28,280 $39,394 ($16,054) 2307 - Dist. 7 ($3,972) $15,270 $17,887 ($6,589) 2309 - Dist. 9 ($218) $1,574 $1,700 $344 Total ($4,037) $464,428 $655,420 ($195,029)1 * ** Note: Includes monies to be transferred into these Funds November of 2005 to offset Beginning Year deficit. in AD84_05- 06_report `� �, A a J Landscaping & Lighting Assessment Districts Engineer's Report May 4, 2005 Page 6 November of 2005 to offset Beginning Year deficit. Based on the above estimates, a deficit correcting transfer in November 2006 would be as follows: P. Resolution fund Attached as Exhibit 3 is a Resolution approving the subject Engineer's Report and setting June 1, 2005, as the date of a public hearing to consider the levy of the assessments for the Landscaping and Lighting Assessment Districts for Fiscal Year 2005/06. This resolution will also serve as the public hearing notice for the June 1St public hearing. STAFF REC0140NDATIONS Adopt Resolution No. 2005 - Attachments: Exhibit 1: Summary of Assessment Amounts Exhibit 2: Fund Activity Exhibit 3: Resolution AD84 05 -06 report 0CIf .0 n From From Transfer to: Gas Tax General Fund Total Fund Fund 2605 Fund 1000 Transfer Amt. 2300 - Lighting $32,625.00 $0.00 $32,625.00 2300 - Landscaping $139,417.00 $0.00 $139,417.00 2305 - Dist. 5 (US Only) $8,027.00 $8,027.00 $16,054.00 2307 - Dist. 7 $3,294.50 $3,294.50 $6,589.00 2309 - Dist. 9 $172.00 $172.00 $344.00 Total $183,535.50 $11,493.50 $195,029.00 P. Resolution fund Attached as Exhibit 3 is a Resolution approving the subject Engineer's Report and setting June 1, 2005, as the date of a public hearing to consider the levy of the assessments for the Landscaping and Lighting Assessment Districts for Fiscal Year 2005/06. This resolution will also serve as the public hearing notice for the June 1St public hearing. STAFF REC0140NDATIONS Adopt Resolution No. 2005 - Attachments: Exhibit 1: Summary of Assessment Amounts Exhibit 2: Fund Activity Exhibit 3: Resolution AD84 05 -06 report 0CIf .0 n Exhibit 1 Landscape / Lighting Assessment Districts [File: Page 1 ad_assmnt_0506] FY 05/06 Assessments 04/27/05 Active District Back -Up District Levy Amount Rev. Total Benefit Unit Total Benefit Unit Total Percent of Total Assmnt. Distr. Fund Description Code Assmnt 227,375 Units 10,911 Assmnt 20.84 Assmnt Units Assmnt Assmnt Total 227,375 Per Lot [Ac.] 20.84 Active 100.0% Back -up n/a Total 100.0% CW 2300 Lighting 3100 227,375 Improvements Landscaping 3102 170,513 9,891 17.24 170,513 170,513 17.24 100.0% n/a 100.0% 397,888 397,888 397,888 38.08 1 2301 Zone 1 3102 9,703 75 129.37 9,703 3,056 40.75 31.5% n/a 31.5% 2 2302 Zone 2: US 3102 72,438 622 116.46 72,438 72,438 116.46 100.0% n/a 100.0% Zone 2: Drains 3103 1,400 48 29.17 1,400 1,400 29.17 100.0% n/a 100.0% 73,838 73,838 145.63 73,838 145.63 3 2303 Zone 3 3102 3,079 265 11.62 3,079 3,079 11.62 100.0% n/a 100.0% 4 2304 Zone 4 3102 6,383 129 49.48 6,383 6,383 49.48 100.0% n/a 100.0% 5 2305 Zone 5: US 3102 23,340 217 107.56 23,340 23,340 107.56 100.0% n/a 100.0% Zone 5: Drains 3103 500 75 6.67 500 500 6.67 100.0% n/a 100.0% 23,840 23,840 292 114.22 23,840 114.22 6 2306 Zone 6 3102 924 22 42.00 924 924 42.00 100.0% n/a 100.0% 7 8 2307 2308 Zone 7 Zone 8: City 3102 11,298 7,669 91.74 498 ac 123.15 15.40 11,298 7,669 11,298 7,669 123.15 15.40 100.0% 100.0% n/a n/a 100.0% 100.0% Home Acres 7,574 201 37.68 7,574 7,574 37.68 100.0% n/a 100.0% 15,243 3102 15,243 699 15,243 9 10 2309 2310 Zone 9 Zone 10: Com 3102 3102 1,356 6,912 49.44 90.30 ac 27.43 EU 76.54 1,356 6,912 1,356 6,912 27.43 76.54 100.0% 100.0% n/a n/a 100.0% 100.0% Res - US 3102 187,370 2,448 76.54 187,370 187,370 76.54 100.0% n/a 100.0% Res - Drains 3103 7,252 669 10.84 7,252 7,252 10.84 100.0% n/a 100.0% 201,533 201,533 87.38 201,533 87.38 11 2311 Zone 11 3102 3,040 9 337.78 3,040 1,502 166.86 49.4% n/a 49.4% 12 2312 Zone 12: Com Institutional 3102 3102 12,001 5,641 73.56 3.84 ac 163.14 ac 1,468.90 12,001 5,641 1,200 564 16.31 146.89 10.0% 10.0% n/a n/a 10.0% 10.0% Residential 3102 241,543 536 450.64 241,543 24,154 45.06 10.0% n/a 10.0% 259,184 259,184 25,918 13 1,007,310 Sub -Total AD 84 -2 1,007,310 765,859 14 2314 Z -14: Wilshire E 3102 1,327 10 132.74 1,327 1,327 132.74 100.0% n/a 100.0% 15 2315 Residential 3102 345,751 216 1,600.70 345,751 34,575 160.07 10.0% n/a 10.0% Golf Course 3102 172,876 108 EU 1,600.70 172,876 17,288 160.07 10.0% n/a 10.0% 518,627 518,627 51,863 16 2316 Z-16: Cabrillo: L 3102 22,815 59 386.70 22,815 22,815 386.70 100.0% n/a 100.0% 17 2317 Unassigned 18 2318 Z-18: Flory 3102 20,352 25 814.06 20,352 20,352 814.06 100.0% n/a 100.0% 19 2319 M &M 3102 6.27 ac 0.00 6.27 0.00 0 0 0.00 Total 1,570,431 0 862,216 54.9% 54.9% 1,570,431 C �a Landscape / Lighting Assessment Districts Fund Activity: FY03 /04 ACTUAL Total 1,659,582 Page 1 (File: adfunds_0504] 4/6/2005 Total Exp. Beginning Rev. Less Ending Interest & Fund Description Balance Code Assmnt Fund Trans Other 2300 Lighting (69,773) 3100 219,112 > 69,773 0 181,354 Improvements 7,315 37,793 (37,793) 0 470,239 43,918 (45,108) Landscaping 72,429 3102 181,232 21,127 122 0 67,936 626 55,614 400,344 69,773 122 2301 Zone 22,850 3102 970 < 0 351 2302 Zone 2: US 99,767 3102 66,436 75,339 1,500 0 Zone 2: Drains 5,955 3103 1,358 (3,412) 0 6,413 Zone 2: Improvements 0 3101 6,045 0 22,620 7901 27,867 105,722 0 73,839 0 1,500 2303 Zone 3 2,514 3102 3,079 (3,006) (1,525) 38 2304 Zone 4 2,004 3102 6,383 0 30 2305 Zone 5: US 716 3102 22,645 15,434 (25) 15,562 Zone 5: Drains 2,030 3103 485 7901 1,516 (161) 0 2,746 195,809 23,130 0 (25) 2306 Zone 6 1,044 3102 924 30,145 165 2307 Zone 7 (1,793) 3102 11,297 > 1,793 (2) 2308 Zone 8 15,284 3102 15,243 117,887 191 2309 Zone 9 (370) 3102 1,356 > 370 (1) 2310 Zone 10: US 60,347 3102 194,496 7901 1,313 1,812 Zone 10: Drains 27,356 3103 7,036 0 1,440,481 (1,440,481) 0 87,703 7901 201,532 0 1,313 2311 Zone 11 6,687 3102 304 < (12,351) 88 2312 Zone 12 452,308 3102 197,330 < 6,856 2313 Zone 13 Sub -Total AD 84 -2 697,325 935,731 71,936 10,626 2314 Z -14: Wilshire Builders 1,517 3102 1,250 23 2315 Z -15: Toll Bros 936,209 3102 488,041 16,231 2316 Z -16: Cabrillo: US 17,889 3102 14,261 477 Z -16: Cabrillo: Drains 6,642 3103 7,209 24,531 21,470 0 477 2317 Unassigned 2318 Z -18: Flory 0 3102 0 5,000 38 Total 1,659,582 Page 1 (File: adfunds_0504] 4/6/2005 Total Exp. Total Available Less Ending Revenue Code 8901 Expenses 220,302 Less Expenses Reserve Balance 288,885 (1,190) 0 (1,190) 0 7,315 (7,315) 0 181,354 7901 215,990 436,292 37,793 (37,793) 0 470,239 43,918 (45,108) (1,190) 1,321 7901 3,044 21,127 (21,127) 0 67,936 7901 55,614 112,089 (112,089) 0 1,358 8902 695 6,618 (6,618) 0 6,045 8019 554 56,863 5,491 (5,491) 0 75,339 124,198 (124,198) 0 3,117 7901 2,219 3,412 (3,412) 0 6,413 7901 4,654 3,763 (3,763) 0 22,620 7901 27,867 (4,531) 0 (4,531) 485 8902 990 28,857 1,525 (1,525) 0 23,105 (3,006) (1,525) (4,531) 1,089 7901 1,115 1,018 (1,018) 0 13,088 7901 12,363 (1,068) 0 (1,068) 15,434 7901 15,562 15,156 (15,156) 0 1,725 7901 1,516 (161) 0 (161) 195,809 7901 212,719 43,437 (43,437) 0 7,036 8902 4,247 216,966 30,145 (30,145) 0 202,845 73,582 (73,582) 0 392 7901 861 6,218 (6,218) 0 204,186 7901 117,887 538,607 (538,607) 0 7901 898,199 1,018,293 826,764 (833,714) (6,950) 1,273 7901 978 1,812 (1,812) 0 504,272 7901 0 1,440,481 (1,440,481) 0 14,738 7901 0 32,627 (32,627) 0 7,209 8902 1,500 1,500 12,351 (12,351) 0 21,947 44,978 (44,978) 0 5,038 1 7901 0 1 5,038 (5,038) 1 0 1,446,492 > 71,936 27,395 I 1,550,823 > Transfer Nov 2003 < Levy Amount Less Than Assessment Amount 900,677 2,319,073 (2,326,023) (6,950) Actual Transfer Nov 2004 5,351 Landscape /Lighting Assessment Districts Fund Activity: FY04 /05 ESTIMATE [Mar 05] Revenue 2311 Dist 11: T 4174 2312 Dist 12: Calrsberg 2313 Dist 13: Unassigned Sub -Total AD 84 -2 6,218 538,607 0 826,764 201,532 0 1,337 3102 304 < 74 3102 24,829 < 7,425 3102 758,614 5,351 11,361 2314 Dist 14: T -5201 [Wilshire 1,812 Beginning Rev. Assmnt 1,440,481 Interest & Fund Description Balance Code Levy Fund Trans Other 2300 Lighting (1,190) 3100 226,124 44,978 0 14,931 Improvements 7,315 7901 180,650 26,259 (26,259) 4,985 Landscaping 37,793 3102 168,893 (26,259) 223 (21,166) 7901 43,918 18,053 395,017 0 223 2301 Dist 1: T -2851 21,127 3102 970 < 371 2302 Dist 2: US [T2865] 117,580 3102 72,439 1,634 143,996 Dist 2: Drains 6,618 3103 1,400 2,550 4,015 (4,015) 124,198 7901 73,839 0 1,634 2303 Dist 3: T -3032 3,412 3102 3,079 0 74 2304 Dist 4: T -3274 3,763 3102 6,383 0 2305 Dist 5: US [T3019 & 352 (4,531) 3102 23,340 > 4,501 7901 1,070 Dist 5: Drains 1,525 3103 500 7901 14,845 (3,972) 1 (3,006) (3,972) 23,840 4,501 0 2306 Dist 6: T -3306 1,018 3102 924 (218) 0 2307 Dist 7: NE LA & Gabbert (1,068) 3102 11,298 > 643 2308 Dist 8: Buffer 3,000 15,156 3102 15,243 0 223 2309 Dist 9: Condor (94,651) (161) 3102 1,356 > 207 5,024 2310 Dist 10: PC -3: US 0 43,437 3102 194,280 (478,511) 1,337 0 Dist 10: Drains 0 30.145 3103 7 252 0 2311 Dist 11: T 4174 2312 Dist 12: Calrsberg 2313 Dist 13: Unassigned Sub -Total AD 84 -2 6,218 538,607 0 826,764 201,532 0 1,337 3102 304 < 74 3102 24,829 < 7,425 3102 758,614 5,351 11,361 2314 Dist 14: T -5201 [Wilshire 1,812 3102 1,272 2315 Dist 15: T4928 [Toll] 1 1,440,481 3102 49,682 < 2316 D -16: T -5161 [Cabrillo] L 32,627 3102 7,433 < Dist 16: Drains 246,100 12,351 3103 7,498 < (21,166) I 44,978 0 14,931 2317 Unassigned 2318 D -18: T -5307 [Flory] US Dist 18: Drains 2319 Z -19: M &M 2320 � 1r Total 19 1 6,781 520 0 520 5,038 3102 14,511 0 0 3103 4,985 0 5,038 19,496 0 0 0 5,000 0 0 2,319,073 I 843,995 5,351 33,681 Total Revenue 226,124 169,116 395,240 1,341 74,073 1,400 75,473 3,153 6,383 27,841 500 28,341 924 11,941 15,466 1,563 195,617 7,252 202,869 378 32,254 0 775,326 Page 2 [File: adfunds_0504] 4/6/2005 Exp. 7901 Total Available Less (2,218) Ending Code Expenses Less Expenses Reserve 7,953 Balance 8901 246,100 (21,166) 0 8902 (21,166) 19,849 7,315 0 0 (60,429) 0 7901 180,650 26,259 (26,259) 4,985 0 0 0 434,065 5,093 (26,259) 24,534 (21,166) 7901 4,415 18,053 (18,053) (2,000) 0 7901 55,175 136,478 (136,478) 0 8902 500 7,518 (7,518) 0 55,675 143,996 (143,996) 0 7901 2,550 4,015 (4,015) 0 7901 4,860 5,286 (5,286) 0 7901 28,250 (4,940) 0 (4,940) 8902 200 1,825 (1,825) 0 28,450 (3,115) (1,825) (4,940) 7901 1,070 872 (872) 0 7901 14,845 (3,972) 0 (3,972) 7901 17,870 12,752 (12,752) 0 7901 1,620 (218) 0 (218) 7901 178,800 60,254 (60,254) 0 8902 3,000 34,397 (34,397) 0 181,800 94,651 (94,651) 0 7901 1,572 5,024 (5,024) 0 7901 92,350 478,511 (478,511) 0 7901 0 0 0 841,142 760,948 (791,244) (30,296) 1,291 7901 885 2,218 (2,218) 66,463 7901 0 1,506,944 (1,506,944) 7,953 7901 0 40,580 (40,580) 7,498 8902 0 0 19,849 (19,849) 15,451 60,429 (60,429) 14,511 7901 0 19,549 (19,549) 4,985 8902 0 0 4,985 (4,985) 19,496 24,534 (24,534) 5,000 7901 3,000 2,000 (2,000) 0 7901 0 0 0 883,027 > Transfer November 2004 < = Lew Amount Less Than Assessment Amount 0 0 0 0 0 0 0 0 0 0 845,027 2,357,073 (2,387,369) (30,296) Est Transfer Nov 2005 r � 4 Landscape /Lighting Assessment Districts Fund Activity: FY05 /06 ESTIMATE Revenue 2314 Dist 14: T -5201 [Wilshire Beginning Rev. Assmnt 5,323 22 2315 Fund Description Balance Code Levy 15,000 Misc Interest 2300 Lighting (21,166) 3100 227,375 > 21,166 1,430 xxx Improvements 0 xxx xxx 1,700 7901 223,503 60,429 Landscaping 26,259 3102 170,513 > 0 250 7901 0 5,093 (2,143) 397,888 2318 21,166 250 2301 Dist 1: T -2851 18,053 3102 3,059 < (344) 180 2302 Dist 2: US [T2865] 136,478 3102 72,439 (38,731) 0 1,364 (70,364) Dist 2: Drains 7,518 3103 1,400 Dist 19: M &M (383,666) 0 3102 0 143,996 0 73,839 (195,029) 0 1,364 2303 Dist 3: T -3032 4,015 3102 3,079 40 2304 Dist 4: T -3274 1 5,286 3102 6,383 52 2305 Dist 5: US [T3019 & 352 (4,940) 3102 23,340 > 4,940 Dist 5: Drains 1,825 3103 500 18 1 (3,115) 23,840 4,940 18 2306 Dist 6: T -3306 872 3102 924 87 2307 Dist 7: NE LA & Gabbert (3,972) 3102 11,298 > 3,972 2308 Dist 8: Buffer 12,752 3102 15,243 127 2309 Dist 9: Condor (218) 3102 1,356 > 218 2310 Dist 10: PC -3: US 60,254 3102 194,280 602 Dist 10: Drains 34,397 3103 7,252 < 343 94,651 201,532 0 945 2311 Dist 11: T 4174 5,024 3102 1,502 < 50 2312 Dist 12: Calrsberg 478,511 3102 25,918 < 4,785 2313 Unassigned 0 3102 0 Sub -Total AD 84 -2 760,948 765,861 30,296 7,898 2314 Dist 14: T -5201 [Wilshire 2,218 3102 1,327 5,323 22 2315 Dist 15: T4928 [Toll] I 1,506,944 3102 51,863 < 7901 15,000 2316 D -16: T -5161 [Cabrillo] L xxx 39,394 xxx xxx xxx 39,594 Dist 16: Drains 1,430 xxx 17,887 xxx xxx xxx 1,700 7901 223,503 60,429 3102 22,815 0 432 2317 Unassigned 125,548 7901 0 (13,911) (2,143) (16,054) 2318 D -18: T -5307 [Flory] US xxx 3102 xxx xxx xxx (6,652) Dist 18: Drains (344) xxx 3103 xxx xxx xxx 38,731 (38,731) 0 24,534 (70,364) 20,352 0 245 2319 Dist 19: M &M (383,666) 0 3102 0 0 0 2320 (195,029) Total I 2,355,073 I 862,218 30,296 23,597 Total Exp. Revenue Code Expenses 248,541 8901 260,000 170,763 419,304 3,239 73,803 1,400 75,203 3,119 6,435 28,280 518 28,798 1,011 15,270 15,370 1,574 194,882 7,595 202,477 1,552 30,703 0 804,055 7901 336,439 Ending 596,439 7901 5,323 7901 71,461 8902 500 0 71,961 7901 3,873 7901 6,843 7901 39,394 8902 200 0 39,594 7901 1,430 7901 17,887 7901 21,470 7901 1,700 7901 223,503 8902 3,261 (4,878) 226,764 7901 1,644 7901 125,548 7901 0 1,120,476 Page 3 [File: adfunds_0504] 4/13/2005 Total Available Less Ending Less Expenses Reserve Balance (32,625) 0 (32,625) 0 0 0 (139,417) 0 (139,417) (172,042) 0 (172,042) 15,969 (15,969) 0 138,820 (138,820) 0 8,418 (8,418) 0 147,238 (147,238) 0 3,261 (3,261) 0 4,878 (4,878) 0 (16,054) 0 (16,054) 2,143 (2,143) 0 (13,911) (2,143) (16,054) 453 (453) 0 (6,589) 0 (6,589) 6,652 (6,652) 0 (344) 0 (344) 31,633 (31,633) 0 38,731 (38,731) 0 70,364 (70,364) 0 4,932 (4,932) 0 383,666 (383,666) 0 0 0 444,527 (639,556) (195,029) 1,349 7901 940 2,627 (2,627) 0 66,863 7901 211,000 1,362,807 (1,362,807) 0 xxx 7901 8,000 xxx xxx xxx xxx 8902 7,500 15,500 xxx xxx xxx 23,247 68,176 (68,176) 0 xxx 7901 7,600 xxx xxx xxx xxx 8902 1,000 8,600 xxx xxx xxx 20,597 36,531 (36,531) 0 0 7901 0 0 0 0 916,111 > Est. Transfer November 2005 < Levy Amount Less Than Assessment Amount 1,356,516 1,914,668 (2,109,697) (195,029) Est Transfer Nov 2006 Landscape /Lighting Assessment Districts Fund Activity: FY05 /06 A Projected B C [B x 3] D [A - C] E [Enter Numbers] F [E - D] G [E x 10 %) H [E, F or G] I Ex. 2 (p.4) [H / E ] Amount Assessment / Levy Calculation Year -End Year -End Fund Assessment Balance FY 05/06 Amount of WITH FULL Minus Amt. Minimum Levy with FULL Projected Fund CAP Assessment Assessment Yr End Fund Levy Levy Percent of Fund Description ASSESSMENT Expenses [Est 3 Yr Costs] Exceeds CAP Amount Exceeds CAP [10 %] Amount Assessment Remarks 2300 Lighting (32,625) 100.0% 227,375 227,375.00 Improvements 0 0 0.00 Landscaping (139,417) 170,513 170,513.00 100.0% (172,042) 397,888 100.0% 397,888.00 2301 Dist 1: T -2851 22,612 5,323 15,969 6,643 9,702 3,059 970.20 3,059.00 31.5% 2302 Dist 2: US [T2865] 138,820 71,461 214,383 0 72,439 0 0.00 72,439.00 100.0% Dist 2: Drains 8,418 500 10,000 # 0 1,400 0 0.00 1,400.00 100.0% 147,238 71,961 224,383 0 73,839 0 0.00 100.0% 73,839.00 2303 Dist 3: T -3032 3,261 3,873 11,619 0 3,079 0 0.00 3,079.00 100.0% 2304 Dist 4: T -3274 4,878 6,843 20,529 0 6,383 0 0.00 6,383.00 100.0% 2305 Dist 5: US [T3019 & 3: (16,054) 39,394 118,182 0 23,340 0 0.00 23,340.00 100.0% Dist 5: Drains 2,143 200 10,000 # 0 500 0 0.00 500.00 100.0% 1 (13,911) 39,594 128,182 0 23,840 0 0.00 100.0% 23,840.00 2306 Dist 6:T -3306 453 1,430 4,290 0 924 0 0.00 924.00 100.0% 2307 Dist 7: NE LA & Gabb( (6,589) 17,887 53,661 0 11,298 0 0.00 11,298.00 100.0% 2308 Dist 8: Buffer 6,652 21,470 64,410 0 15,243 0 0.00 15,243.00 100.0% 2309 Dist 9: Condor (344) 1,700 5,100 0 1,356 0 0.00 1,356.00 100.0% 2310 Dist 10: PC -3: US 31,633 223,503 670,509 0 194,280 0 0.00 194,280.00 100.0% Dist 10: Drains 35,992 3,261 40,000 # 0 7,252 0 0.00 7,252.00 100.0% 67,625 226,764 710,509 0 201,532 0 0.00 100.0% 201,532.00 2311 Dist 11: T 4174 6,470 1,644 4,932 1,538 3,040 1,502 304.00 1,502.00 49.4% 2312 Dist 12: Calrsberg 636,880 125,548 376,644 260,236 259,184 (1,052) 25,918.40 25,918.40 10.0% 2313 Unassigned 0.00 Sub -Total AD 84 -2 703,183 1,007,308 0 0.00 76.0% 765,861.40 0 0.00 2314 2315 Dist 14: T -5201 [Wilsh Dist 15: T4928 [Toll] 1 2,627 1,829,571 940 211,000 2,820 633,000 0 1,196,571 1,327 518,627 0 (677,944) 0.00 51,862.70 1,327.00 51,862.70 100.0% 10.0% 2316 D -16: T -5161 [Cabrillo' xxx 8,000 xxx 0 xxx 0 0.00 Dist 16: Drains xxx 7,500 xxx 0 xxx 0 0.00 1 68,176 15,500 75,000 # 0 22,815 0 0.00 22,815.00 100.0% 2317 Unassigned 0 0.00 2318 D -18: T -5307 [Flory] Li Dist 18: Drains I xxx xxx 7,600 1,000 xxx xxx 0 0 xxx xxx 0 0 0.00 0.00 xxx xxx 36,531 8,600 60,000 # 0 20,352 0 0.00 20,352.00 100.0% 2319 Dist 19: M &M 2320 2,640,088 I # CAP set by administrative action I 1,570,429 (Higher than 300% of Annual Cost History) 862,218.10 1 54.9% Exhibit 3 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 CITY OF MOORPARK LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS WHEREAS, by Resolution No. 2005 -2276, the City Council ordered the preparation of an Engineer's Report for the City's Landscaping and Lighting Maintenance Assessment Districts (the "Assessment Districts ") 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 and the levy of assessments recommended therein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Report for "Moorpark Landscaping and Lighting Maintenance Assessment Districts ", for the fiscal year commencing on July 1, 2005 and ending on June 30, 2006, 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. SECTION 2. It is the intention of this Council to levy and collect assessments within the Assessment Districts for fiscal year 2005 -06. Within the Assessment Districts, 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, street lights, public lighting facilities, landscaping, sprinkler systems, statuary, fountains, other ornamental structures and facilities, landscape corridors, ground cover, shrubs and trees, street frontages, drainage systems, fencing, entry monuments, graffiti removal and repainting, and labor, materials, supplies, utilities and 0 C C Resolution No. 2005 - Page 2 equipment, as applicable, for property owned, operated or maintained by the City of Moorpark. Installation means the construction of lighting and landscaping improvements, including, but not limited to, land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks and drainage and lights. 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 Districts consists of the lots and parcels shown on the boundary map of the Assessment Districts 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 Districts, and the proposed assessments upon assessable lots and parcels of land within the Assessment Districts. 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 fiscal year 2005 -06 levy rates are not proposed to increase, with the exception of Zone 12, District 14, District 15, District 16 and District 18. The authorized maximum assessment rate for these Districts includes an annual adjustment by an amount equal to the annual change in the Los Angeles Area Consumer Price Index. As the amount of the annual increase in the Los Angeles Area Consumer Price Index from December 2003 to December 2004 is 4.40, the authorized maximum levy rate for fiscal year 2005 -06 is 4.4% above the maximum levy rate for fiscal year 2004 -05. Including the authorized annual adjustment, the maximum authorized assessment rates for fiscal year 2005 -06 are as follows: Zone 12 $ 450.64 per single family benefit unit $ 163.14 per acre of commercial or industrial institutional property family benefit unit family benefit unit family benefit unit family benefit unit (I () C_73 property $1,468.90 per acre of Dist. 14 $ 132.74 per single Dist. 15 $1,600.71 per single Dist. 16 $ 386.70 per single Dist. 18 $ 814.06 per single institutional property family benefit unit family benefit unit family benefit unit family benefit unit (I () C_73 Resolution No. 2005 - Page 3 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 the City Clerk, City of Moorpark, 799 Moorpark Avenue, Moorpark, California 93021. 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. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk ITEM 10.F. MOORPARK CITY COUNCIL AGENDA REPORT # # ## Supplemental # # ## TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public Works DATE: April 19, 2005 (CC Meeting 5 -4 -05) t i o,-. SUBJECT: Engineer's Report for Landscaping and Lighting Maintenance Assessment Districts for Fiscal Year 2005/2006 Attached is the Engineer's Report for the subject item. CITY OF MOORPARK Landscaping and Lighting Maintenance Assessment Districts ENGINEER'S REPORT Fiscal Year 2005 -06 April 2005 (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 TABLE OF CONTENTS I. INTRODUCTION ........................................................................ ............................... 1 II. CERTIFICATES ........................................................................ ..............................5 III. PLANS & SPECIFICATIONS ................................................. ............................... 6 IV. FISCAL YEAR 2005 -06 ESTIMATE OF COST AND BUDGET ......................... 7 V. METHOD OF APPORTIONMENT ....................................... ............................... 10 A. METHOD OF APPORTIONMENT ............................................................................. ........................... ...10 B. DISCUSSION OF BENEFIT ...................................................................................... .............................10 C. METHOD OF ASSESSMENT ................................................................................... ..............................1 1 D. ASSESSMENT APPORTIONMENT ........................................................................... .............................11 1. Lighting ........................................................................................................... .............................11 2. Landscaping .................................................................................................... .............................12 3. Assessment Apportionment by AD84 -2 Zone/ and LLD ................................. .............................13 4. Appeals and Interpretation ............................................................................. .............................18 VI. ASSESSMENT ......................................................................... .............................19 VII. Appendix A - -1972 ACT APPLICATION ............................. ............................... 21 VIII. Appendix B — Article XIIID of the California Constitution .. ............................... 25 IX. Appendix C - 2005 -06 ASSESSMENT ROLL ...................... ............................... 29 X. Appendix D - Assessment Diagram ........................................ ............................... 30 AD84 -2 Zone of Benefit Assessments Landscape maintenance, servicing and improvement costs for AD84 -2 for unique Zones of Benefit are allocated to all benefiting properties within each given zone of benefit. These Zones of Benefit are summarized as follows: ' 1. Pecan Avenue, Traci No. 2851: Maintenance costs associated with landscaping in the Ventura County Flood Control Easement and portions of the interior tract entry areas. The obligation upon these 75 lots is pursuant to a condition of development. ' City of Moorpark Landscaping and Lighting Maintenance Assessment Districts 04119105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 1 I. INTRODUCTION The City of Moorpark ' o s (the City" ) Lighting Maintenance Assessment District 84 -2 (u AD84 - 2") was formed in 1984 to provide funding for public street lighting and parkway /median landscape maintenance and improvement expenses through the levy of benefit assessments. In addition, the City formed Landscaping and Lighting Maintenance Assessment Districts No. AD -01 -1, AD -01 -2, AD -01 -3 and AD -04 -1 (the "LLDs ") to provide funding for additional parkway landscape maintenance and improvement expenses in specific areas as described below. These Assessment Districts (collectively "the Assessment Districts ") were formed pursuant to the provisions of the Landscaping and ' Lighting Act of 1972 (the "Act "). Within the Assessment Districts, there are three types of assessments, generally described 1 as follows: 1. Citywide Assessments: assessments for AD84 -2 applied to all parcels within ' the City that receive benefits. 2. Zone Assessments: assessments for AD84 -2 applied to properties within ' certain Zones of Benefit to fund improvements and maintenance services which benefit those properties. 3. District Assessments: assessments for the LLDs applied to properties within certain boundaries to fund improvements and maintenance services which benefit those properties. Citywide Assessments Within AD84 -2, there are two types of expenses funded by distinct Citywide assessments: 1. Street lighting costs associated with City -owned and Southern California Edison (S.C.E.) owned streetlights distributed to all benefiting properties within City limits. 2. Landscape maintenance costs associated with parkway /median maintenance and improvement distributed to all benefiting properties within City limits. AD84 -2 Zone of Benefit Assessments Landscape maintenance, servicing and improvement costs for AD84 -2 for unique Zones of Benefit are allocated to all benefiting properties within each given zone of benefit. These Zones of Benefit are summarized as follows: ' 1. Pecan Avenue, Traci No. 2851: Maintenance costs associated with landscaping in the Ventura County Flood Control Easement and portions of the interior tract entry areas. The obligation upon these 75 lots is pursuant to a condition of development. ' City of Moorpark Landscaping and Lighting Maintenance Assessment Districts 04119105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 1 1 1 t L D1 r I I 2. Steeple Hill Area, Tract No. 2865: Cost for maintenance of specific landscaping areas within the tract, including landscaping at Christian Barrett & Springs Road; Tierra Rejada landscaping, and Peach Hill Road landscaping on east side between Christian Barrett and Tierra Rejada Roads, and the entry monument sign at Christian Barrett and Spring Road. In addition, the cost of maintaining certain drainage detention and debris basins is assessed to certain lots within this zone. The obligation upon the lots within this tract is pursuant to a condition of development. 3. Butler Creek/Peopermill, Tract No. 3032: Maintenance costs associated with landscaping an entry monument at Buttercreek Road and Los Angeles Avenue. This cost to be spread to the 265 lots within the tract. 4. Williams Ranch Road, Tract No. 3274: Maintenance costs associated with landscape areas along Williams Ranch Road parkway adjacent to Peach Hill drain channel and Edison entries within PC -3. This cost will be borne by the 129 lots within the tract. 5. Pheasant Run Area, Tract No. 3019 & 3525: Maintenance costs associated with landscaping the Tierra Rejada Road slope and parkway areas and parkway on the west side of Peach Hill Road between Williams Ranch and Tierra Rejada Roads within tract Nos. 3019 and 3525. These costs are spread to the 217 lots within the tracts. In addition, the cost of maintaining certain drainage detention and debris basins is assessed to certain lots within this zone. 6. In-glewood Street, Tract No. 3274: Costs for maintenance of landscape areas within tract 3274 at the westerly terminus of Inglewood Street. The cost is to be spread to the 22 lots within the tract. 7. Moorpark Business Park, Los An4eles Avenue Parkway: Maintenance costs associated with landscaping the parkway on the north side of Los Angeles Avenue between Gabbert Road and Shasta Avenue will be borne by all industrial lots northerly of Los Angeles Avenue, southerly of Poindexter Avenue, easterly of Gabbert Road, and westerly of Shasta Avenue. 8. Home Acres Buffer Area: Maintenance costs associated with the buffer area at the west end of the West Ranch area, is to be split 50 -50 between residential properties within the West Ranch area and the area outside the City known as Home Acres. That portion of this Zone of Benefit with the City consists of the residential area within Tracts 4340, 4341, 4792 and a portion of tract 4342. This area is bounded on the north by the Arroyo Simi, on the east by Tierra by Tierra Rejada Road and the commercial property at the corner of Tierra Rejada Road and Mountain Trail Street, on the south by tracts 4367, 4342 -5 and the City boundary and on the west by the City boundary. 9. Moorpark Industrial Park, Condor Drive: Maintenance costs associated with the parkway located at the northwest corner of Los Angeles Avenue and Virginia Colony Place will be borne by the developed parcels within the Industrial park on Condor Drive (Tract 3492). City of Moorpark Landscaping and Lighting Maintenance Assessment Districts Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. 04/19/05 Page 2 I10. Mountain Meadows, PC -3: Maintenance costs associated with landscaping within this area will be borne by all properties within the Mountain Meadows Planned Community (PC -3). The landscaping to be maintained consists of the Peach Hill Water Linear Park, the slope along the north side of Peach Hill Wash and the downstream flood control facility located just east of Mountain Trail Street and certain parkways on Tierra Rejada Road. In addition, the cost of maintaining certain drainage detention and debris basins is assessed to certain lots within this zone. 11. Alyssas Court, Tract 4174: Maintenance costs associated with landscaping within ' this area will be borne by all properties within the tract. 12. Carlsberg Specific Plan: Maintenance costs associated with certain landscape ' improvements as described in the Boundary Map for Zone 12. The cost for the maintenance of these improvements will be borne by all of the properties within Zone 12 as defined in said Boundary Maps and generally described as that area ' bounded by the Route 23 Freeway, Tierra Rejada Road, Spring Road, the Arroyo Simi and New Los Angeles Avenue. At the time of formation in July 2000, the City Council directed that the City pay Zone 12 assessments for property owned by the ' Moorpark Unified School District. LLD Assessments Landscape maintenance, servicing and improvement costs for unique services provided to properties within specific areas are allocated to all benefiting properties within the boundaries of each given LLD. These Districts are summarized as follows: 14. Wilshire Builders, Tract 5201: Maintenance costs associated with parkway ' landscaping along Peach Hill Road and Rolling Knoll Road, including turf, ground cover, shrubs, trees, irrigation systems, drainage systems, lighting, fencing, statuary, fountains, and other ornamental structures and facilities, entry monuments and other improvements adjacent to properties within Tract 5201. 15. Toll Brothers, Tract 4928: Maintenance costs associated with parkway landscaping on the south side of the street along the Equestrian Trail running between Grimes Canyon Road and Walnut Canyon Road. Median landscaping at the north side of the Equestrian Trail at Grimes Canyon Road and Walnut Canyon Road; and landscaping of the Equestrian Staging Area located on the east side of Grimes Canyon Road. 16. Cabrillo Economic Development Corp., Tract 5161: Landscaping maintenance costs associated with approximately 6,926 square feet of parkway landscaping located in and adjacent Tract 5161. Wall maintenance, including graffiti abatement, and repair of the walls. Drainage maintenance costs associated with twelve (12) storm water quality catch basin filter inserts placed in twelve (12) catch basins within Tract 5161. 18. Colmer, Tract 5307: Landscaping maintenance costs associated with landscaping and irrigation system, along the west and south perimeter of the Tract, on Flory City of Moorpark Landscaping and Lighting Maintenance Assessment Districts 04119105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 3 F� Street and on Los Angeles Avenue. Drainage maintenance of the bio- swales on the north and south side of Moonsong Court, at the Flory Street entrance to Tract 5307. This Engineer's Report ( "Report") was prepared to establish the budgets for the capital I improvement and services expenditures that would be funded by the proposed 2005 -06 assessments, determine the benefits received from the lighting and landscaping maintenance and improvements by property within the Assessment Districts and the method of assessment apportionment to lots and parcels within the Assessment Districts. 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 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 Landscaping and Lighting Maintenance Assessment Districts Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. 04/19/05 Page 4 �I 1 1 t t ll. 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. Engi er 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 .2005. 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 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 County 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 , 2005. County Auditor, County of Ventura City of Moorpark Landscaping and Lighting Maintenance Assessment Districts Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. 04/19/05 Page 5 III. PLANS & SPECIFICATIONS The work and improvements proposed to be undertaken by the City of Moorpark Landscaping and Lighting Maintenance Assessment Districts and the cost thereof paid from the levy of the annual assessment provide special benefit to Assessor Parcels within the Assessment Districts as defined in the Method of Assessment herein. Consistent with the Landscaping and Lighting Act of 1972, (the "Act ") the work and improvements are generally described as follows: Installation, maintenance and servicing of public facilities, including but not limited to, street lights, public lighting facilities, landscaping, sprinkler systems, statuary, fountains, other ornamental structures and facilities, landscape corridors, ground cover, shrubs and trees, street frontages, drainage systems, fencing, entry monuments, 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 Public Works Director of the City of Moorpark and are incorporated herein by reference. Installation means the construction of lighting and landscaping improvements, including, but not limited to: land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks and drainage and lights. 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 for the operation or lighting of any improvements, and water for irrigation of any landscaping or the maintenance of any other improvements. City of Moorpark Landscaping and Lighting Maintenance Assessment Districts 04119105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 6 M M r M M M r M M r M M M M M M M M M CITY OF MOORPARK Landscaping and Lighting MADs Fiscal Year 2005 -06 Budget Zone / District Designation Account Number Assessor Fund Number District Description DIRECT COSTS Salaries 8 Benefits Services 8 Supplies Debris Basin Expenses Fixed Equipment Expenses Capital Improvement Projects Subtotal Total Expense per Benefit Unit RESERVE FUND /OTHER CONTRIBUTIONS Contribution tol(1om) Reserve Funds Contribution to/(from) General Fund Contribution to /(from) Capital Improvement Fund Contribution (from) Other / Interest Income Subtotal Balance to Levy DISTRICT STATISTICS Total Parcels Total Benefit Units - (Zone A) Residential Total Benefit Units - (Zone B) Com./Indus. Total Benefit Units - (Zone C) Institutional Levy per Unit (Zone A) Levy per Unit (Zone B) Levy per Unit (Zone C) Tntal A_CRBCCmant Law FUND BALANCES Beginning Fund Balance Net Outlays and Contributions Ending Fund Balance HISTORICAL INFORMATION 2004 -05 Net Levy per Unit/Acre 2003 -04 Net Levy per Unit/Acre 2002 -03 Net Levy per Unit/Acre 2001 -02 Net Levy per Unit/Acre 2000 -01 Net Levy per Unit/Acre IV. FISCAL YEAR 2005 -06 ESTIMATE OF COST AND BUDGET City ojMoorpant Landscaping and Lighting Maintenance Assessment Districts 411912005 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 7 1 2 3 4 5 6 7 8 9 10 2300.3100 2300.3102 2301.0000 2302.0000 2303.0000 2304.0000 2305.0000 2306.0000 2307.0000 2308.0000 2309.0000 2310.0000 Street Lighting Landscaping Tract 2851 Tract 2865 Tract 3032 Wm Ranch Rd T4019 b T-3525 Tract 3306 L A @ Gabbert Buffer Condor Dr. ML Meadows $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $260,000 $336,439 $5,323 $71,461 $3,873 $6,843 $39,394 $1,430 $17,887 $21,470 $1,700 $223,503 $0 $0 $0 $500 $0 $0 $200 $0 $0 $0 $0 $3,261 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $260,000 $336,439 $5,323 $71,961 $3,873 $6,843 $39,594 $1,430 $17,887 $21,470 $1,700 $226,764 $23.83 $8.82 $70.97 $125.37 $14.62 $53.05 $278.83 $65.00 $194.97 $43.11 $34.39 $127.75 ($11,459) ($165,676) ($2,083) $3,242 ($754) ($408) ($10,796) ($419) ($2,617) ($6,100) ($126) ($24,287) $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 ($21,166) ($250) ($180) ($1,364) ($40) ($52) ($4958) ($87) ($3,972) ($127) ($218) ($945) ($32,625) ($165,926) ($2,263) $1,878 ($794) ($460) ($15,754) ($506) ($6,589) ($6,227) ($344) ($25,232) $227,375 $170,513 $3,060 $73,839 $3,079 $6,383 $23,840 $924 $11,298 $15,243 $1,356 $201,532 10,077 10,077 88 623 269 131 217 22 106 725 14 2,493 10,910.50 38,166.00 75.00 574.00 265.00 129.00 142.00 22.00 91.74 498.00 1,775.00 2,585.00 48.00 75.00 201.00 49.44 669.00 11.23 $20.84 $3.30 ' $40.80 $116.46 $11.62 $49.48 $107.56 $42.00 $123.15 $15.40 $27.43 $76.54 $17.24 $145.64 $114.22 $37.68 $87.38 $642.57 $227,375 $170,513 $3,060 $73,839 $3,079 $6,383 $23,840 $924 $11,298 $15,243 $1,356 $201,532 ($21,166) $26,259 $18,053 $143,996 $4,015 $5,286 ($3,115) $872 ($3,972) $12,752 ($218) $94,651 ($32.625) ($165,926) ($2,263) $1,878 ($794) ($460) ($15.754) ($506) ($6,589) ($6,227) ($344) ($25,232) ($53,791) ($139,667) $15,790 $145,874 $3,221 $4,826 ($18,869) $366 ($10,561) $6,525 ($562) $69,419 $20.84 $3.30 /$17.24 $12.94 $116.461$145.64 $11.62 $49.48 $107.568114.22 $42.00 $123.15 $15.40 /$37.68 $27.43 41$87.381642.57 $20.84 $3.301$17.24 ' $12.94 $116.4615145.64 $11.62 $49.48 $107.568114.22 $42.00 $123.15 $15.40 /$37.68 $27.43 A1$87.38I642.57 $20.84 $3.301$17.24 $129.36 $116.46/$145.64 $11.62 $49.48 $107.561$114.22 $42.00 $123.15 $15.401$37.68 $27.43 41$87.361642.57 $20.84 $3.301$17.24 $129.36 $116.461$145.64 $11.62 $49.48 $107.568114.22 $42.00 $123.15 $15.401$37.68 $27.43 4/$87.381642.57 $20.84 $3.30/$17.24 $129.36 $116.461$145.64 $11.62 $49.48 $107.568114.22 $42.00 $123.15 $15.401$37.68 $27.43 $76.54 /$87.38 City ojMoorpant Landscaping and Lighting Maintenance Assessment Districts 411912005 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 7 IV. FISCAL YEAR 2005 -06 ESTIMATE OF COST AND BUDGET CITY OF MOORPARK Landscaping and Lighting MADs Fiscal Year 2005-06 Budget Zone / District Designation 11 12 14 15 16 18 Account Number 2311.0000 2312.0000 2314.0000 2315.0000 2316.0000 2318.0000 Assessor Fund Number District Description Tract 4174 Carlsberg Wllshhe Bullders Toll Brothers Cabrillo CoHner Totals DIRECT COSTS Salaries & Benefits $0 $0 $0 $0 $0 0 $0 Services & Supplies $1,644 $125,548 $940 $211,000 $8,000 $7,600 $1,344,055 Debris Basin Expenses $0 $0 $0 $0 $7,500 $1,000 $12,461 Fixed Equipment Expenses $0 $0 $0 $0 $0 $0 $0 Capital Improvement Projects $0 $0 $0 $0 $0 $0 $0 Subtotal $1,644 $125,548 $940 $211,000 $15,500 $8,600 $1,356,516 Total Expense per Benefit Unit $182.67 $234.23 $94.00 $651.23 $262.71 $344.00 RESERVE FUND /OTHER CONTRIBUTIONS Contribution tol(from) Reserve Funds ($92) ($94,845) $409 ($144,137) $7,747 $11,997 ($440,404) Contribution to/(from) General Fund $0 $0 $0 $0 $0 $0 $0 Contribution to /(from) Capital Improvement Fund $0 $0 $0 $0 $0 $0 $0 Contribution (from) Other / Interest Income ($50) ($4,785) ($22) ($15,000) ($432) ($245) ($53,893) Subtotal ($142) ($99,630) $387 ($159,137) $7,315 $11,752 ($494,297) Balance to Levy $1,502 $25,918 $1,327 $51,863 $22,815 $20,352 $862,219 DISTRICT STATISTICS Total Parcels 9 563 10 251 59 25 Total Benefit Units - (Zone A) Residential 9.00 536.00 10.00 324.00 59.00 25.00 Total Benefit Units - (Zone B) Com./Indus. 73.56 Total Benefit Units - (Zone C) Institutional 3.84 Levy per Unit (Zone A) $166.86 $45.06 $132.74 $160.07 $386.70 $814.06 Levy per Unit (Zone B) $16.31 Levy per Unit (Zone C) $146.89 Total Assessment Levy $1,502 $25,918 $1,327 $51,863 $22,815 $20,352 $862,219 FUND BALANCES Beginning Fund Balance $5,024 $478,511 $2,218 $1,506,944 $60,429 $24,534 $2,355,073 Net Outlays and Contributions ($142) ($99,630) $387 ($159,137) $7,315 $11,752 ($494,297) Ending Fund Balance $4,882 $378,881 $2,605 $1,347,807 $67,744 $36,286 $1,860,776 HISTORICAL INFORMATION 200405 Net Levy per Unit/Acre $33.78 43.16115.621140.70 $127.16 $153.34 $253.06 $779.84 2003 -04 Net Levy per Unit/Acre $33.78 343.061124.2011118.26 $124.94 $1,506.30 $363.90 2002 -03 Net Levy per Unit/Acre $33.78 408.941148.0&1332.94 $120.48 $1,452.56 $179.26 2001 -02 Net Levy per UnittAcre $337.78 400.521145.0211305.53 $118.00 $1,422.68 $175.58 2000 -01 Net Levy per Unit/Acre $337.78 f386.244139.84i$1258.95 City of Moorpark landscaping and Lighting Maintenance Assessment Districts 411912005 Engineer's Report, 1•iscal Year 2005 -06, by Shills Consultants, Inc. Page 8 1 Notes To The Estimate Of Cost 1) Landscape Assessment Rate For Single Family, Level 1 x Levy per Unit (Zone A) _ Annual Landscaping Assessment (4 x $3.30 = $13.20). Due to rounding, Assessment differs slightly from Table 1 of the Engineer's Report. 2) The Fund Balance shown on the budget includes operating reserves and the Capital Improvement Reserve Fund. Each Assessment District and / or Zone 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 each district or zone; and if and when it is determined that levying the maximum authorized assessment for any ' district or zone in any given year, would cause the Capital Improvement Reserve Fund for that district or zone to exceed said limit, then the amount of the approved assessment which shall be "levied" upon the properties in said district or zone, shall be reduced to an amount which is estimated to not cause said 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. In the event the amount levied is less than the maximum authorized assessment amount, the amount levied shall not be less than 10% of the maximum authorized assessment. ii City of Moorpark Landscaping and Lighting Maintenance Assessment Districts 09119105 Enginger's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 9 r-� I t J 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 lighting and landscaping facilities throughout the City, and the methodology used to apportion the total assessment to properties within the Assessment Districts. The Assessment Districts 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 Assessment Districts 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 lighting and landscaping 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. " 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 lighting and 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 City of Moorpark Landscaping and Lighting Maintenance Assessment Districts 04119105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 10 r� E the types of special benefit received by property from maintenance and improvements such as those proposed by the Assessment Districts. 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. Increased public safety from enhanced lighting throughout the Assessment Districts. ' C. Potential for increased economic opportunity. D. Reduced cost of local government in law enforcement, public health care, and fire prevention because well- maintained and well - lighted public facilities, roadway medians and setbacks enhance public safety and help prevent slip and fall injuries. ' E. Enhanced quality of life and desirability of the area. F. Specific enhancement of property values. n These benefit factors, when applied to property in the Assessment Districts, specifically increase the value of the land within the Assessment Districts. For example, the assessments will provide funding to improve and maintain the landscaping adjoining the properties in the District and to operate public street lighting. Such improved and well - maintained facilities enhance the overall quality and desirability properties. C. 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 as the base unit. This base unit 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 base unit 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 assigned one Equivalent Dwelling Unit ( "EDU ") or base unit. D. Assessment Apportionment 1. Lighting The single family home has been selected as the base unit for the assessments. By definition, a single family home located on a street that has existing streetlights is assigned 1 EDU or base benefit unit. This assessment rate, which is composed of benefit factors, which correspond to the following types of benefit. City of Moorpark Landscaping and Lighting Maintenance Assessment Districts 04119105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 11 People Use - People related benefits 0.50 Security Benefit - Property protection 0.25 Intensity - Degree of illumination 0.25 Assessment Rate: 1.00 Parcels in other land use categories, including publicly owned parcels, were then rated ' by comparison with the basic unit. People Use - People related benefits 1. Reduction in night accidents. ' 2. Reduced vulnerability to criminal assault during hours of business. 3. Promotion of business operations during evening hours. 4. Increased safety on roads and highways. Security Benefit - Property Protection 1. Reduction in vandalism and other criminal acts, and damage to ' improvements. 2. Reduction in burglaries. Intensity: Intensity or degree of illumination provided on streets varies with type of street, date of installation and the use of the property adjacent thereto. 2. Landscaping The landscaping element of the spread formula recognizes that all properties within the City benefit from the maintenance of the landscaping within the public right -of -way and easements. These benefits include improved safety resulting from a regular tree trimming program and improved street sweeping capabilities resulting from trimming trees which may otherwise interface with street sweeping operations. The method of spreading maintenance costs is based upon the assessment rates, and the assessment rates are determined by the "people use" attributed to each land use within the City. This method was chosen because the benefit received is directly proportionate to the number of people generated by each land use. Recognizing that residential land uses within the City derive a higher degree of benefit than non- residential land uses the formula was subdivided into two main groups, with residential land uses contributing in 75% of the assessment and non - residential uses being assessed for the remaining 25% of the maintenance costs. The single family home has been selected as the base unit for the spread of assessment. The base unit has assigned an assessment rate of 4. Parcels in other land use categories, including publicly owned parcels, were rated by comparison with the basic unit. See Table 1 for further detail regarding the assessment rates and annual assessment for property by land use classification. City of Moorpark Landscaping and Lighting Maintenance Assessment Districts 04119105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 12 J f'. J I I I I I I I I 3. Assessment Apportionment by AD84 -2 Zone /and LLD 75 lots within Tract No. 2851 are assessed an additional landscape maintenance assessment for a portion of the Ventura County Flood Control Easement immediately north of Campus Park Drive, as well as portions of the parkway landscaping at the entrance to and within the interior of Tract 2851. The additional per lot authorized maximum assessment rate is $129.37. It has been determined that the projected year -end fund balance will exceed three (3) years of estimated program costs for this zone if the maximum authorized assessment is levied. The amount of the approved assessment which shall be "levied" upon the properties in this zone shall be reduced to an amount which is estimated to not cause the year -end balance to exceed said limit. In the event the amount levied is less than the maximum authorized assessment amount, the amount levied shall not be less than 10% of the maximum authorized assessment. The proposed assessment rate to be levied for fiscal year 05 -06 is $40.80. The obligation upon these lots is pursuant to a condition of development. 2. 623 lots within Tract 2865 are assessed an additional landscape maintenance assessment for the maintenance of specific landscape areas and debris basins within the tract. The landscaped areas include certain parkways, the Tierra Rejada Road slope and streetscape areas, and the monument sign within the tract. The additional per lot assessment is $116.46. 48 lots are assessed an additional $29.17 per lot for the maintenance of the debris basins. The obligations upon these lots is pursuant to a condition of development. 3. 265 lots within Tract No. 3032 are assessed an additional landscape maintenance assessment for the maintenance of an entry monument at Butter Creek Road and Los Angeles Avenue and landscaping on the South side of Pepper Mill Street. The additional per lot assessment is $11.62. 4. 129 lots within Tract No. 3274 are assessed an additional landscape maintenance assessment for the maintenance of the landscaped barrier in Williams Ranch Road at the Edison power lines, and the parkway landscaping on both sides of Williams Ranch Road east and west of the Edison Easement. The additional per lot assessment is $49.48. The obligation upon these lots is pursuant to a condition of development. 5. 217 lots within Tract No. 3019 and 3525 are assessed an additional landscape maintenance assessment for the maintenance of the Tierra Rejada Road slope and parkways, including the entry statements at Pheasant Run Street, and the parkway on the west side of Peach Hill Road between Williams Ranch and Tierra Rejada Roads. The additional per lot assessment is $107.56. 75 lots are assessed an additional $6.67 per lot for the maintenance of debris basins. The obligation upon these lots is pursuant to a condition of development. 6. 22 lots within Tract No. 3306 are assessed an additional landscape maintenance assessment for the maintenance of landscape area at the terminus of Inglewood City of Moorpark Landscaping and Lighting Maintenance Assessment Districts 04119105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 13 1 L Street. The additional per lot assessment is $42.00. The obligation upon these lots is pursuant to a condition of development. 7. 90+ acres northerly of Los Angeles Avenue, southerly of Poindexter Avenue, and between Gabbert and Shasta Avenue are assessed an additional landscape maintenance assessment for the maintenance of the parkway on the north side of Los Angeles Avenue Parkway. The additional per lot assessment is $123.15 per acre. 8. 498 lots within Tract No. 4340, 4341, 4792 and a portion of Tract 4342 are assessed an additional $15.40 for 50% of the maintenance costs for the Home Acres Buffer Areas. The remaining 50% of such costs are recovered via an assessment upon 201 lots in the Home Acres area, in the amount of $37.69 per lot. This is the total amount of the assessment on the lots within Home Acres. Said lots are not assessed for Citywide lighting or landscaping. 9. 49 acres in the Industrial Park on Condor Drive are assessed an additional landscape maintenance assessment for the maintenance of the parkway located at the southwest corner of Los Angeles Avenue and Virginia Colony Place. The additional per lot assessment is $27.43 per acre. 10. 2448 residential lots and one commercial property within the Mountain Meadows Planned Community (PC -3) are assessed an additional landscape maintenance assessment for the maintenance of the landscaping within the Peach Hill Wash Linear Park, the slope along the north side of the Peach Hill Wash and the downstream flood control facility located just east of Mountain Trail Street and within certain parkways along Terra Rejada Road. The additional per lot assessment for residential properties is $76.55 and the assessment for the commercial property at the southwest corner of Mountain Trail Street and Tierra Rejada Road is $615.71 per acre [118.81 ac x 8EDU /ac = 95 EDU >> x $76.55/EDU = $7,272.25 / 11.81 ac = $615.71]. 669 lots are assessed an additional $10.84 per lot for the maintenance of debris basins. The obligation upon these lots is pursuant to a condition of development. 11. 9 lots within Tract No. 4174 are assessed an additional landscape maintenance assessment for the maintenance of parkway landscaping within the tract. The additional per lot authorized maximum assessment rate is $337.78. It has been determined that the projected year -end fund balance will exceed three (3) years of estimated program costs for this zone if the maximum authorized assessment is levied. The amount of the approved assessment which shall be "levied" upon the properties in this zone shall be reduced to an amount which is estimated to not cause the year -end balance to exceed said limit. In the event the amount levied is less than the maximum authorized assessment amount, the amount levied shall not be less than 10% of the maximum authorized assessment. The proposed rate to be levied for fiscal year 05 -06 is $166.86. 12. The maintenance costs for Zone 12 are allocated to the approved ultimate land uses within Zone 12 as follows: City of Moorpark Landscaping and Lighting Maintenance Assessment Districts 04119105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 14 1-1 Improvement Science Drive Parkways& Medians Science Drive 9ope Easements Tierra Rejada Rd. Parkways& Sopes Tierra Rejada Median Soring Road Parkway Soring Road 9ope Wasements Spring Road Median Comm. /Ind. Insi t iffonal Residential 25% 0% 0% 34% 0% 0% 0% It has been determined by the assessment engineer that formed this Zone of Benefit that Water Utility and Flood Control properties receive no benefit from the proposed improvements. Accordingly, all such properties shall be exempt from the Zone 12 assessments. In addition, in that the portion of the total assessment allocated to the Institutional Properties is spread to only lots 3 and 4 of Tract 4974, the slope adjacent to Spring Road (APN # 512 -0- 270 -065) is exempt. The assessments for Zone 12 can be increased annually after fiscal year 2000- 01 to cover increases in the cost of maintenance, installation and servicing of the improvements. The rate of any annual increase shall be based upon the increase in the Consumer Price Index ( "CPI ") for all Urban Consumers for the Los Angeles Metropolitan Area, for the calendar year ending the December prior to the Fiscal Year of the proposed assessment. Any increase to the assessment for Zone 12 may include any increase deferred in any and all prior years. The percentage change in the CPI for the calendar year ending December 2004 is 4.4 %. The maximum authorized assessment rates for fiscal year 2005 -06 for each land use category are as follows: • Commercial /Industrial: $163.14 /ac • Institutional $1,468.90 /ac • Residential $450.65 /Lot or EDU It has been determined that the projected year -end fund balance will exceed three (3) years of estimated program costs for this zone if the maximum authorized assessment is levied. The amount of the approved assessment which shall be "levied" upon the properties in this zone shall be reduced to an amount which is estimated to not cause the year -end balance to exceed said limit. In the event the amount levied is less than the maximum authorized assessment amount, the amount levied shall not be less than 10% of the maximum authorized assessment. The proposed assessment rates to be levied for fiscal year 2005 -06 for each land use category shall be as follows: • Commercial /Industrial: $16.31 /ac • Institutional $146.89 /ac • Residential $45.06 /Lot or EDU City of Moorpark Landscaping and Lighting Maintenance Assessment Districts Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. 04/19/05 Page 15 14. 10 lots within Tract No. 5201 are assessed an additional landscape maintenance assessment for the maintenance of parkway landscaping within the tract. The additional per lot assessment is $132.74. This district is subject to an annual maximum authorized rate increase including the authorized CPI adjustment based upon the change in the CPI. ' 15. 216 residential lots and two golf course parcels within Tract 4928 are assessed an additional landscape maintenance assessment for the maintenance of ' parkway and median landscaping within the tract. The Engineer has determined that the appropriate method of apportionment of the benefits derived by all parcels is on an EDU basis, with one third of EDU units to be allocated to the golf course parcels, and the remaining two thirds of EDU units to be allocated to the ' residential properties. The additional per EDU assessment is $1600.71. This district is subject to an annual maximum authorized rate increase including the authorized CPI adjustment based upon the change in the CPI. It has been ' determined that the projected year -end fund balance will exceed three (3) years of estimated program costs for this zone if the maximum authorized assessment is levied. The amount of the approved assessment which shall be "levied" upon the properties in this zone shall be reduced to an amount which is estimated to not cause the year -end balance to exceed said limit. In the event the amount levied is less than the maximum authorized assessment amount, the amount ' levied shall not be less than 10% of the maximum authorized assessment. The proposed rate to be levied for fiscal year 05 -06 is $160.07. 16. 59 lots within Tract 5161 are assessed an additional landscape maintenance assessment for the maintenance of parkway landscaping and drainage improvements. The additional per lot maximum authorized assessment rate for fiscal year 2005 -06 is $386.70. This district is subject to an annual maximum ' authorized rate increase including the authorized CPI adjustment based upon the change in the CPI. 18. 25 lots within Tract 5307 are assessed an additional landscape maintenance assessment for maintenance of landscaping and irrigation system, along the west and south perimeter of the Tract on Flory Street and on Los Angeles ' Avenue and drainage maintenance of bio- swales. The additional per lot maximum authorized assessment rate for fiscal year 2005 -06 is $814.06. This district is subject to an annual maximum authorized rate increase including the ' authorized CPI adjustment based upon the change in the CPI. ' City of Moorpark Landscaping and Lighting Maintenance Assessment Districts 04119105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 16 1 ' Table 1 AD84 -2 Assessment Rate and Assessment by Land Use Classification Lighting Annual Landscape Annual Assessment Lighting Assessment Landscaping Landclass Description Rate Assessment Rate Assessment 0 Residential Vacant 0.25 5.20 0 0.00 1 Single Family, Level 1 1 20.84 4 13.18 2 Mobile Home 0 0.00 0 0.00 3 Condominium 1 20.84 3 9.88 4 Residential Income, 2-4 Units 1 20.84 3 9.88 5 Apartments, (5+ Units) 0.75 15.64 3 9.88 6 Single Family, Level 2 0.75 15.64 4 13.18 ' 9 Mobile Home and Trailer Parks 0.75 15.64 3 9.88 10 Commercial, Vacant 0.25 15.64 0 0.00 11 Retail Stores, Single Story 4 83.40 3 51.70 12 Store and Office (Combination) 4 83.40 3 51.70 15 Shopping Centers (Neighborhood) 6.5 135.51 10 172.38 16 Shopping Centers (Regional) 6.5 135.54 30 517.14 17 Office Building (1 Story) 3 62.56 3 51.70 18 Office Stores (Multi -Story) 4 83.40 6 103.42 ' 19 Retail Stores (Multi -Story) 4 83.40 6 103.42 21 Restaurants & Cocktail Lounge 5 104.26 3 51.70 24 Banks, Savings & Loans 3 62.56 3 51.70 25 Service Stations 4 83.40 3 51.70 ' 26 Auto Sales, Repair 4 83.40 1 17.24 30 Industrial, Vacant Land 0.25 5.20 0 0.00 31 Light Manufacturing 5 104.26 12 206.86 32 33 Warehousing Industrial Condos, Co -ops, PUD's 4 5 83.40 104.26 4 3 68.94 51.70 38 Mineral Processing 3 62.56 3 51.70 44 Truck Crops 1 20.84 2 34.48 ' 46 48 Pasture (Permanent) Poultry 1 1 20.84 20.84 2 2 34.48 34.48 49 Flowers, Seed Production 1 20.84 2 34.48 51 Orchards 1 20.84 2 34.48 53 Field Crops, Dry 1 20.84 2 34.48 ' 54 Pasture of Graze, Dry 1 20.84 2 34.48 55 Feed Lots 1 20.84 2 34.48 57 Tree Farms 1 20.84 2 34.48 61 Theater 5 104.26 2 34.48 ' 69 Parks 0 0.00 0 0.00 70 Institutional Vacant Land 0.25 5.20 0 0.00 71 Churches, Convent, Rectory 0.25 5.20 0 0.00 72 Schools 0 0.00 0 0.00 73 Colleges 0 0.00 0 0.00 ' 78 Public Buildings, Firehouses, Museums, Etc. 0 0.00 0 0.00 79 Flood Control 0 0.00 0 0.00 80 Miscellaneous Vacant Land 0.25 5.20 0 0.00 81 Utility Water Company 0 0.00 0 0.00 83 Petroleum & Gas 2 41.70 1 17.24 86 Water Rights, Pumps 0 0.00 0 0.00 88 Highways & Streets 0 0.00 0 0.00 91 Utility Edison 0 0.00 0 0.00 ' 92 Telephone 0 0.00 0 0.00 93 S.P.R.R. 0 0.00 0 0.00 94 Undedicated Community Condo. Dev. 0 0.00 0 0.00 95 State Property 0 0.00 0 0.00 96 County Property 0 0.00 0 0.00 97 City Property 0 0.00 0 0.00 99 Exempt 0 0.00 0 0.00 ' City of Moorpark Landscaping and Lighting Maintenance Assessment Districts 04119105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 17 4. 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 1 assessment, may file a written appeal with the Public Works Director 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 Public Works Director or his or her designee will promptly review the appeal and any information provided by the property owner. If the Public Works Director 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 Public Works Director 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 Public Works Director 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. IJ ' City of Moorpark Landscaping and Lighting Maintenance Assessment Districts 04119105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 18 W ASSESSMENT I 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 Landscaping and Lighting Maintenance Assessment Districts" for the Fiscal Year Commencing July 1, 2005 and Ending June 30, 2006, and Ordering the Preparation and Filing of a Report Relating Thereto; and 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 districts and an assessment of the estimated costs of the improvements upon all ' assessable parcels within the assessment districts, 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 districts. ' The amount to be paid for said improvements and the expense incidental thereto, to be paid by the Landscaping and Lighting Maintenance Assessment Districts for the fiscal year 2005 -06 is generally as follows: SUMMARY COST ESTIMATE 1 J F. Y. 2005 -06 Budget Direct Cost $1,356,516 Contribution to /from reserve fund ($494,297) NET AMOUNT TO ASSESSMENTS $862,219 As required by the Act, Assessment Diagrams for the Assessment Districts showing the exterior boundaries of said Landscaping and Lighting Maintenance Assessment Districts have been prepared and are on file with the City. Reference is hereby made to such Diagrams. The distinctive number of each parcel or lot of land in the said Landscaping and Lighting Maintenance Assessment Districts is its Assessor Parcel Number appearing on the Assessment Roll. City of Moorpark Landscaping and Lighting Maintenance Assessment Districts 04119105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 19 t 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 Landscaping and Lighting Maintenance Assessment Districts, in accordance with the special benefits to be received by each parcel or lot, from the improvements, and more particularly set forth in the Cost Estimate and Method of Assessment hereto attached and by reference made a part hereof. The assessment is made upon the parcels or lots of land within the Landscaping and Lighting Maintenance Assessment Districts in proportion to the special benefits to be received by the parcels or lots of land from said improvements. 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 Landscaping and Lighting Maintenance Assessment Districts. 1 Dated: April 19, 2005 IEngineer of Work B 1 y �IrissU/cense7No. John C52091 ' NW.e�� << � SS No. CO52091 Exp. City of Moorpark Landscaping and Lighting Maintenance Assessment Districts Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. 04/19/05 Page20 §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 MID 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 Landscaping and Lighting Maintenance Assessment Districts 04119105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page21 VII. Appendix A -4972 ACT APPLICATION 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 MID 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 Landscaping and Lighting Maintenance Assessment Districts 04119105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page21 (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: t(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. (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 City of Moorpark Landscaping and Lighting Maintenance Assessment Districts Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. 04/19/05 Page22 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. r(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. City of Moorpark Landscaping and Lighting Maintenance Assessment Districts Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. 04/19/05 Page 23 (b) The detachment of territory from an existing assessment district 1 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 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. i J t i if City of Moorpark Landscaping and Lighting Maintenance Assessment Districts 04119105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page24 ' Vlll. 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. 1 CALIFORNIA CONSTITUTION ARTICLE 13D (ASSESSMENT AND PROPERTY - RELATED FEE REFORM) 1 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. IF I I (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 Districts Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. 04119105 Page 25 1 1 (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. I t (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 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. City of Moorpark Landscaping and Lighting Maintenance Assessment Districts Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. 04/19/05 Page26 n 1 1 Ji 1 1 n (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 Landscaping and Lighting Maintenance Assessment Districts 04119105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page27 1 CALIFORNIA CONSTITUTION ARTICLE 13D ' (ASSESSMENT AND PROPERTY - RELATED FEE REFORM) SEC. 5. Effective Date. City of Moorpark Landscaping and Lighting Maintenance Assessment Districts Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. 04119105 Page28 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 set forth in Section 4. process City of Moorpark Landscaping and Lighting Maintenance Assessment Districts Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. 04119105 Page28 I IX. Appendix C - 2005 -06 ASSESSMENT ROLL ' 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. �I 1 t City of Moorpark Landscaping and Lighting Maintenance Assessment Districts 04119105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page29 An Assessment Roll (a listing of all parcels assessed within the Assessment Districts 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. �I 1 t City of Moorpark Landscaping and Lighting Maintenance Assessment Districts 04119105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page29 X. Appendix D - Assessment Diagram Assessment Diagrams for the Assessment Districts have been prepared and are on file with the City. Reference is hereby made to such Diagrams, and they are incorporated herein by reference. The boundaries of the Assessment Districts are displayed on the following Assessment Diagram and supporting maps. 1 City of Moorpark Landscaping and Lighting Maintenance Assessment Districts 04119105 Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page30 m i may 3 _ .\ Aly�ryeba "$ w 15 N e w E a� S �0• a�n m �f a 11 vs Reedley a �r-e Coyer � G `y a -is Campus Park Fenmor 41, T G byes Q B y 118. A c m _ Simi Valle • �Mrin , _ � ac. �Widis 1 Aro � e Charles 74 High Los Ange��s - --- --m- -- - - -- ------ - - -- -- s -- -v 2nd Ruth- 3 Hem sen :LL 3rd .. SaMh'm - Flinn �. 8 7� 9 x'183 Unidos -Q m estic g. �sta 1 0 Park - yj Walnui,Creek" —: ye(? Y AID.— 6' i a °y Mountainmeadow Y W y Silvers est ^ 4iGof ly � 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. Shifts Consultants, Inc 2300 Boynton Avenue, Suite 201 Fafrfmid, CA 94533 sn..s , ,v r<..a.m � , u. Z »io 9:. e F� ipa °A ti. . y. i� FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF MOORPARK, COUNTY OF VENTURA, CALIFORNIA, THIS DAY OF .2005. 1 = � m 12 CITY CLERK Valle RECORDED IN THE OFFICE OF THE DIRECTOR - OF PUBLIC WORKS OF THE CITY OF MOORPARK, COUNTY OF VENTURA, CALIFORNIA, THIS 0 3 DAY OF 2005. I DIRECTOR OF PUBLIC WORKS FILED THIS DAY OF 2005, AT THE HOUR OF O'CLOCK M. IN THE OFFICE OF THE COUNTY DI AUTOR OF THE COUNTY OF VENTURA, STATE OF CALIFORNIA, AT THE REQUEST OF THE CITY OF MOORPARK CITY COUNCIL. 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 CITY OF MOORPARK LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS ASSESSMENT DIAGRAM N' � •u +iw��'� ■ 1Oi Y �i�ii �' ri ry ALYSSI. ;..�t1Y f • t Q W o r RIN O W i n 17 K Jf K Sl H N d0 Y u �s TMQT T7 3263-f ' Parrx I DRIVE DISTRICT 1 f4 9 o ©0000000 ® ©o�� M W M M ®® M TMQT T7 3263-f ' Parrx I DRIVE DISTRICT 1 f4 9 0 p t 7 pISTRICT 2 n *,4 E 101bjs1V J I FA CI FA FA J � M 1 L L DIS� 1 i] 1 I DISTRICT 5 DISTRICT 6 1 I DISTRICT 7 k 1 1 1 DISTRICT 8 1 r� Ij 1 1 C 1 1 I] r DISTRIG1, 9 Fi I I I I I I DISTRICT 10 i i I � W z + Ja M l la' f f s s O A AII�YSSA 1 ay' � � �T�r, 10 J N i1 $4 30 k rT !t r IB • K /1 M N A •� a/ 000(D D1JOJto ©0 ®0 JA aa1 w ralu. ��•�0 � lJafcr I7 3 CAMW 6 PARK 1 DRIVE DISTRICT ii Nrs JA aa1 w ralu. ��•�0 � lJafcr I7 3 CAMW 6 PARK 1 DRIVE DISTRICT ii Nrs m m m m N H V H y iI 2 Q r V CHESTERREL D o DRIVE �iS r CT y4 PEACH r A r r m ;i•c ISLE *�r•ta'ss c �` • s.30' ts.or' HILL r V a an an ' i 4V, '{ lS it - ,r- = = = = = = = m r F- V D = = = = = = = m 1 FLORY .302) 213.48' �2d I Bk 506 I I ' U A 010156733 I Par.Q 1 2.40Ac. r of °I �w A.P.N. 512 -0- 112 -050 I" N 12 ' 3 I = ' I 19' 213.48' ' A.P.N. 512 121 -0- -045 ' O O ' A.P.N. 512 -0- 121 -065 1 1 DISTRICT 18