HomeMy WebLinkAboutAGENDA REPORT 2005 0504 CC REG ITEM 10GITEM 10- G•
CITY OF MOORPARK, CALIFORNIA
City Council Meeting
of S'IV a04.S
AC11ON:
MOORPARK CITY COUNCIL o _�
AGENDA REPORT ar:
TO: The Honorable City Council
FROM. Kenneth C. Gilbert, Director of Public Works (y
DATE: April 19, 2005 (CC Meeting 5 -4 -05)
SUBJECT: Consider Resolution Approving the Engineer's Report for
Assessment District AD05 -01 [M&M Development - Parcel
Map 5264] for Fiscal Year 2005/06 and Providing Notice
of Public Hearing on June 1, 2005
DISCUSSION
A. Background
On January 19, 2005, the City Council considered a Petition /
Waiver from the owner(s) of the property within Parcel Map
5264, requesting formation of the subject assessment district.
On that date the City Council approved and accepted that
Petition /Waiver and adopted Resolution No. 2005 -2283,
initiating the process required for the formation of the
subject Assessment District.
B. Parcel Map 5264 [M &M Development]
The property subject to Parcel Map 5264 is the future
commercial center located at the southwest corner of Collins
Drive and Campus Park Drive. A map depicting the boundaries of
the Parcel Map is attached as Exhibit 1.
C. Maintenance of Certain Landscape / Hardscape Improvements
The developer of the subject commercial center is required to
construct certain parkway, median and traffic island
improvements (landscaping and stamped concrete) along the
Campus Park Drive and Collins Drive frontages of the property.
Condition Nos. 67, 68 & 69 of Resolution No. 2003 -2071 required
the developer to provide for the establishment of an assessment
district to fund certain City maintenance costs for these
improvements, as defined herein.
AD05- 01_PM5264_rpt ��A�A r-
004 c -.J0
AD05 -01 [PM 5264] Engineer's Report
May 4, 2005
Page 2
D. Engineer's Report
The Engineer's Report for the formation of this new 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 includes certain
information required for the formation of a 1972 Act Lighting
and Landscaping Assessment District, including the following:
• a Boundary Map for AD05 -01;
• the reason for the assessment;
• the duration of the assessment;
• the method of assessment;
• the amount of the annual assessment; and
• a description of improvements to be maintained.
E. Improvements to be Maintained
The improvements to be maintained by the District are briefly
described as follows:
1. Medians & Islands: The median and island landscape and
hardscape improvements illustrated on Exhibit 2 and
generally described as follows:
• the Collins Drive median;
• the stamped concrete in the traffic island at the
Collins Drive entrance to the center;
• the stamped concrete in the traffic island at the
freeway on -ramp; and
• the Campus Park Drive median between Collins Drive and
Pecan Avenue.
2. Parkways: The parkway improvements along the Campus Park
Drive and Collins Drive frontages of the property, as also
generally described on the diagram attached as Exhibit 2.
F. Active District & Back -Up District
As described and defined in the Engineer's Report, the District
will have an active and a back -up component, generally
described as follows:
1. Active District: The proposed District will fund City costs
related to the maintenance of the above described median and
island landscape and hardscape improvements.
2. Back -Up District: The District will also be structured to
allow the City to recover costs for City maintenance of the
AD05 01 PM5264 rpt
AD05 -01 [PM 5264] Engineer's Report
May 4, 2005
Page 3
Campus Park Drive and Collins Drive parkways along the
frontage of this property, should it ever become necessary
for the City to assume the maintenance of those
improvements. The Conditions of Approval for the project
specifically provide that this District be formed to provide
such contingency funding. The intent is that the property
owner retain the responsibility for the maintenance of the
parkway landscaping, but in the event it is ever determined
that said maintenance is inadequate, the City can take over
the maintenance of the parkways and use the District to fund
those additional City costs.
3. Assessment vs. Levy: The Engineer's Report states that the
total Assessment amount will be an amount sufficient to fund
the cost of maintaining all of the improvements (medians,
traffic islands and parkways). However, the Engineer's
Report also states that the City would only levy that
portion of the total assessment related to the cost of
maintaining the medians and traffic islands, unless and
until the City assumed the maintenance of the parkways.
G. Assessment Amount
The Engineer's Report defines and describes the assessment and
levy amounts for FY 05/06. Those amounts are summarized as
follows:
Medians &
Description Islands ($) Parkways ($) Total ($)
Total Annual Assessment 12,250 34,022 46,272
Total Annual Per Acre Assessment 1,954 5,426 7,380
As discussed above, initially the City would only levy that
portion of the total assessment related to the maintenance of
the medians and traffic islands [$1,954 per acre per year]. The
levy of the total assessment would only occur if and when the
City assumed the maintenance of the parkways.
H. C.0.L.A.
The Engineer's Report
assessment amounts may
any increases to the
assessment increases do
Price Index (CPI). The
such increase which is
year.
AD05 01 PM5264 rpt
stipulates that, in future years, the
be adjusted, as necessary to accommodate
cost of maintenance, provided said
not exceed the increase to the Consumer
Engineer's report also states that any
deferred, may be added in a subsequent
AD05 -01 [PM 5264] Engineer's Report
May 4, 2005
Page 4
I. Right -of -Way
1. Collins Drive Median and Traffic Islands: The median and
traffic islands to be constructed (and /or modified) on
Collins Drive, will be located within City street right -of-
way and within Caltrans right -of -way. [Note: Most of Collins
Drive south of Campus Park Drive is within Caltrans right -
of -way]. A Three -Way Agreement (Caltrans /City /Property
Owner) will be executed to facilitate maintenance of
landscape and hardscape improvements within the Caltrans
right -of -way.]
2. Parkways: The parkway landscaping is proposed to be located
both within and outside of the street right -of -way. Any
parkway landscaping located outside of the street right -of-
way and subject to the District, will be within a landscape
easement offered to the City but not accepted. It would be
the intent of the City to only accept those easements if it
became necessary for the City to take over the maintenance
of the parkways.
H. Public Hearin
Adoption of the attached Resolution (Exhibit 3) will approve
the Engineer's Report and set June 1, 2005, as the date of a
public hearing to consider approval of the levy of the
assessments set forth in the Engineer's Report.
STAFF RECObOIENDATIONS
Adopt Resolution No. 2005-
Attachments:
Exhibit 1:
Exhibit 2:
Exhibit 3:
AD05 01 PM5264 rpt
Parcel Map 5264
Improvements to be Maintained
Resolution
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Exhibit 3
RESOLUTION NO. 2005 -
A RESOLUTION OF THE CITY OF MOORPARK,
CALIFORNIA, 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 DISTRICT AD05 -01
THE CITY COUNCIL OF THE CITY OF MOORPARK (the "City ")
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. On January 19, 2005, the Moorpark City
Council adopted Resolution No. 2005 -2283, a Resolution
initiating proceedings for the formation of the City of
Moorpark Landscaping and Lighting Maintenance Assessment
District No. AD05 -01 pertaining to the properties within
Parcel Map 5264 [M &M Development] and directing preparation
of an Annual Report. Pursuant to this resolution, Shilts
Consultants, Inc., the Engineer of Work, prepared an
Engineer's Report in accordance with Section 22565, et. seq.,
of the Streets and Highway Code (the "Report ") and Article
XIIID of the California Constitution. The Report has been
made, filed with the City Clerk and duly considered by the
City Council and is hereby deemed sufficient and
preliminarily approved. The Report shall stand as the
Engineer's Report for all subsequent proceedings under and
pursuant to the foregoing resolution.
SECTION 2. It is the intention of the City Council to
levy and collect assessments within the District for fiscal
year 2005 -06. Within the landscaping and lighting district,
the existing and proposed improvements are generally
described as the installation, maintenance and servicing of
turf, ground cover, shrubs and trees, irrigation systems,
drainage systems, lighting, fencing, and all necessary
appurtenances, and labor, materials, supplies, utilities and
equipment, as applicable, for property owned or maintained by
the City of Moorpark located in or adjacent to the properties
contained within Parcel Map 5264. Maintenance means the
furnishing of services and materials for the ordinary and
ooe --I Gl
Resolution No. 2005 -
Page 2
usual maintenance, operation and servicing of said
improvements, including repair, removal, or replacement of
all or part of any improvement; providing for the life,
growth, health and beauty of landscaping; and cleaning,
sandblasting and painting of walls and other improvements to
remove or cover graffiti. Servicing means the furnishing of
electric current or energy, or other illuminating agent, for
the operation or lighting of any improvements, maintaining,
operating and servicing street and traffic safety lighting,
and water for irrigation of any landscaping or the
maintenance of any other improvements.
SECTION 3. The District consists of all of the lots and
parcels within the boundary map of the District to be placed
on file with the City Clerk, and reference is hereby made to
such map for further particulars.
SECTION 4. Reference is hereby made to the Report for a
full and detailed description of the Improvements, the
boundaries of the District and the proposed assessments upon
assessable lots and parcels of land within the District. The
assessment is subject to an annual adjustment tied to the
Consumer Price Index for the Los Angeles Area as of December
of each succeeding year (the CPI) . In the event that the
actual assessment rate for any given year is not increased by
an amount equal to the CPI change, any such deferred
assessment increase may be added to the total amount assessed
in any subsequent year. In such event, the maximum authorized
assessment amount shall be equal to the base year assessment
as adjusted by the increase to the CPI, plus any and all CPI
adjustments deferred in any and all prior years.
SECTION S. The public hearing shall be held, before the
City Council, in the City Council Chambers of the City of
Moorpark, located at 799 Moorpark Avenue, Moorpark,
California 93021 as follows: on June 1, 2005, at the hour of
7:00 p.m. for the purpose of determining whether the public
interest, convenience and necessity require the improvements
and the City Council's final action upon the Engineer's
Report and the assessments therein.
SECTION 6. In order to expedite the proceedings, the
property owners have submitted a Petition and Waiver. In
submitting these documents to the City, the property owners
(1) request that the new assessment district be formed; and
(2) waive all rights conferred by Proposition 218 with
respect to the approval of the new assessment by mailed
ballot and the 45 -day time period for balloting.
Resolution No. 2005 -
Page 3
SECTION 7. The City Clerk shall certify to the adoption
of this resolution and shall cause a certified resolution to
be filed in the book of original resolutions.
PASSED AND ADOPTED this 4th day of May 2005.
ATTEST:
Deborah S. Traffenstedt, City Clerk
Patrick Hunter, Mayor
0 0 103
ITEM 10.G
MOORPARK CITY COUNCIL
AGENDA REPORT
# # ## Supplemental # # ##
TO: The Honorable City Council
I / -K —
FROM: Kenneth C. Gilbert, Director of Public Worksu
DATE: April 19, 2005 (CC Meeting 5 -4 -05)
SUBJECT: Engineer's Report for Assessment District AD 05 -01 [M &M
Development - Parcel Map 5264] for Fiscal Year
2005/2006
Attached is the Engineer's Report for the subject item.
CITY OF MOORPARK
City of Moorpark Landscaping and Lighting
Maintenance Assessment District
No. AD05 -01
Parcel Map 5264 [M &M Development]
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
CITY OF MOORPARK
City of Moorpark Landscaping and Lighting
Maintenance Assessment District
No. AD05 -01
TABLE OF CONTENTS
I. INTRODUCTION .................................................................................................. ..............................1
II. CERTIFICATES ................................................................................................ ..............................2
III. PLANS & SPECIFICATIONS ......................................................................... ..............................3
IV. FISCAL YEAR 2005 -06 ESTIMATE OF COST AND BUDGET ................. ..............................4
A. CAPITAL IMPROVEMENT RESERVE FUND .............................................................. ..............................5
V. METHOD OF APPORTIONMENT ..................................................................... ..............................5
A. METHOD OF APPORTIONMENT ............................................................................. ............................... 5
B. DISCUSSION OF BENEFIT ....................................................................................... ..............................5
C. GENERAL VERSUS SPECIAL BENEFIT ..................................................................... ..............................7
D. METHOD OF ASSESSMENT ..................................................................................... ..............................7
E. ASSESSMENT APPORTIONMENT ............................................................................ ..............................7
1. Appeals and Interpretation ............................................................................. ............................... 8
VI. ASSESSMENT ................................................................................................... ..............................9
VII. ASSESSMENT DIAGRAM ............................................................................. .............................11
VIII. APPENDIX A - -1972 ACT APPLICATION .............................................. .............................12
IX. APPENDIX B — ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION ......................16
X. APPENDIX C - 2005 -06 ASSESSMENT ROLL ................................................ .............................20
I. INTRODUCTION
The City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD-
05-01 (the "District ") is proposed for formation to provide funding for the maintenance of
parkway and median hardscape and landscaping within and adjacent to the commercial
center to be constructed at the southwest corner of Campus Park Drive and Collins Drive,
(M &M Development Parcel Map 5264). This District results from agreements or conditions
of development approval, between the City of Moorpark and the developer of the
commercial center, whereby the City and developer agreed on parkway, median and traffic
island improvements (landscaping and stamped concrete) to enhance public views and
resources and to improve the appeal of the community.
This Engineer's Report ( "Report") was prepared to establish the budget for the services
that would be funded by the proposed 2005 -06 assessments and to determine the benefits
received from the maintenance and improvements by property within the District and the
method of assessment apportionment to lots and parcels. This Report and the proposed
assessments have been made pursuant to the Landscaping and Lighting Act of 1972, Part
2 of Division 15 of the California Streets and Highways Code (the "Act ") and Article XIIID of
the California Constitution (the "Article "). For a more complete description of the Act and
the Article, please refer to Appendix A and Appendix B.
In lieu of a mailed ballot proceeding, the property owner has submitted a Petition and
Waiver to the Council for approval. In submitting this document to the City, the property
owner (1) requests that the new assessment district be formed; and (2) waives all rights
conferred by Proposition 218 with respect to the approval of the new assessment by mailed
ballot.
Following submittal of this Report and the property owner's Petition/Waiver to the City of
Moorpark City Council (the "Council ") for preliminary approval, the Council may, by
Resolution, call for a Public Hearing on the proposed establishment of assessments for
maintenance of parkway, median and traffic island improvements. The public hearing must
be held for the purpose of allowing public testimony regarding the proposed assessments.
This hearing is scheduled for June 1, 2005 at 7:00 p.m. At this hearing, the Council may
take action to form the District and to approve the levy of the assessments for fiscal year
2005 -06. If the assessments are so confirmed and approved, the levies would be
submitted to the County Auditor /Controller in July 2005 for inclusion on the property tax roll
for Fiscal Year 2005 -06.
In each subsequent year for which the assessments will be levied, the Council must direct
the preparation of an Engineer's Report, budgets and proposed assessments for the
upcoming fiscal year. After the Engineer's Report is completed, the Council may
preliminarily approve the Engineer's Report and proposed assessments and establish the
date for a public hearing on the continuation of the assessments.
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD05 -01 04119105
Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. page I
CITY OF MOORPARK
Landscaping and Lighting Maintenance Assessment District No. AD05 -01
II. CERTIFICATES
1. The undersigned respectfully submits the enclosed Engineer's Report and does
hereby certify that this Engineer's Report, and the Assessment and Assessment Diagram
herein, have been prepared by me in accordance with the order of the City Council of the
City of Moorpark, adopted on �— _ , 2005.
Engirrber 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
12005.
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 .12005.
County Auditor, County of Ventura
' City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD05 -01 04119105
Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. page 2
III. PLANS & SPECIFICATIONS
The work and improvements proposed to be undertaken by the City of Moorpark
Landscaping and Lighting Maintenance Assessment District No. AD05 -01 (the "District ")
and the cost thereof paid from the levy of the annual assessment provide special benefit
to Assessor Parcels within the District as defined in the Method of Assessment herein.
Consistent with the Landscaping and Lighting Act of 1972, (the "Act ") the work and
improvements are generally described as follows:
Within the landscaping and lighting district, the improvements to be maintained are
generally described as the maintenance and servicing of median and island landscape
and hardscape improvements and landscaping of parkway improvements, and all
necessary appurtenances, and labor, materials, supplies, utilities and equipment, as
applicable, for property owned or maintained by the City of Moorpark located in or
adjacent to the commercial center to be constructed at the southwest corner of Campus
Park Drive and Collins Drive, (M &M Development - parcel map 5264). Any plans and
specifications for these improvements will be filed with the City of Moorpark and are
incorporated herein by reference.
As applied herein, "maintenance" means the furnishing of services and materials for the
ordinary and usual maintenance, operation and servicing of said improvements,
including repair, removal or replacement of all or any part of any improvement; providing
for the life, growth, health, and beauty of landscaping, and the cleaning, sandblasting,
and painting of walls and other improvements to remove or cover graffiti.
"Servicing" means the furnishing of electric current, or energy, gas or other illuminating
agent for the lighting or operation of any improvements; maintaining, operating and
servicing street and traffic safety lighting, and water for irrigation of any landscaping or
the maintenance of any other improvements.
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD05 -01 04119105
Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. page 3
IV. FISCAL YEAR 2005 -06 ESTIMATE OF COST AND BUDGET
Description of Improvements to be Maintained
Median and Islands Landscape and Hardscape Improvements
The median and island landscape and hardscape improvements are generally described as
follows: The Collins Drive median; the stamped concrete in the traffic island at the Collins Drive
entrance to the center; the stamped concrete in the traffic island at the freeway on -ramp; and the
Campus Park Drive median along the frontage of the property.
' Parkway Improvements
The landscaping of the parkway improvements along the Campus Park Drive and Collins Drive
' frontages of the property. The property owner shall retain the responsibility for the maintenance
of the parkway landscaping, but in the event it is ever determined that said maintenance is
inadequate, the City can take over the maintenance of the parkway improvements. The
assessments for the cost of maintaining the parkway improvements will be levied only if the City
' takes over responsibility for the maintenance of the parkway improvements.
Estimate of Cost FY 2005 -06
Medians & Islands
Landscaping Maintenance
$5,017.00
Stamped Concrete Maintenance
$4,358.35
Operation & Administrative Costs
$2,874.65
Total Medians & Islands
$12,250.00
Parkways
Landscaping Maintenance
$28,351.85
Operation & Administrative Costs
$5,670.15
Total Parkways $34,022.00
Total Levy to Budget $46,272.00
Budget to Assessment
Total Assessment Budget Medians & Islands $12,250.00
Total Acreage 6.27
Assessment Per Acre Medians & Islands $1,953.75
Total Assessment Budget Parkways $34,022.00
Total Acreage 6.27
Assessment Per Acre Parkways $5,426.16
Total Assessment Budget $46,272.00
' Total Acreage 6.27
Total authorized fiscal year 2005 -06 assessment rate $7,379.90
Proposed fiscal year 2005 -06 assessment rate $1,953.75
' In the event that the assessable parcel acreage in the District declines, the assessment rate
per acre shall be recalculated. Any such acreage rate recalculation shall not be an increase in
the assessment that would require approval through an assessment ballot proceeding.
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD05 -01 04119105
Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 4
IA. Capital Improvement Reserve Fund
The District has a Capital Improvement Reserve Fund to provide funding for unforeseen
expenses (slope failures, etc.). The projected year -end balance for said Capital
Improvement Reserve Funds shall not exceed three (3) years of estimated program
' costs for the district; and if and when it is determined that levying the maximum
authorized assessment for the district in any given year, would cause the Capital
Improvement Reserve Fund for the district to exceed said limit, then the amount of
the approved assessment which shall be "levied" upon the properties in the district, shall
be reduced to an amount which is estimated to not cause the Capital Improvement
Reserve Fund year -end balance to exceed said limit. In any event, the amount of the
' assessment shall always remain unchanged. Any reduction to the amount actually
levied upon the property, shall not affect the maximum authorized assessment amount
for that or any future year. 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.
V. METHOD OF APPORTIONMENT
A. Method of Apportionment
This section of the Engineer's Report includes an explanation of the benefits to be
derived from the maintenance and servicing of lighting and landscaping facilities
throughout the City, and the methodology used to apportion the total assessment to
properties within the City of Moorpark Landscaping and Lighting Maintenance District
No.AD05 -01.
The City of Moorpark Landscaping and Lighting Maintenance District No. AD05 -01
consists of all Assessor Parcels within the boundaries of Parcel Map 5264 as defined by
the County of Ventura. The parcels include all privately or publicly owned parcels within
said boundaries. The method used for apportioning the assessment is based upon the
proportional special benefits to be derived by the properties in the City of Moorpark
Landscaping and Lighting Maintenance District No. AD05 -01 over and above general
benefits conferred on real property or to the public at large. The apportionment of special
benefit is a two step process: the first step is to identify the types of special benefit
arising from the improvements, and the second step is to allocate the assessments to
property based on the estimated relative special benefit for each type of property.
B. Discussion of Benefit
In summary, the assessments can only be levied based on the special benefit to
property. This benefit is received by property over and above any general benefits.
' Moreover, such benefit is not based on any one property owner's use of the District's
hardscape and landscaping or a property owner's specific demographic status. With
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD05 -01 04119105
Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 5
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD05 -01 04119105
Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 6
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. "
1
The following benefit categories summarize the types of special benefit to residential,
commercial, industrial and other lots and parcels resulting from the installation,
maintenance and servicing of landscaping improvements to be provided with the
assessment proceeds. These categories of special benefit are derived from the statutes
'
passed by the California Legislature and other studies which describe the types of
special benefit received by property from maintenance and improvements such as those
proposed by the City of Moorpark Landscaping and Lighting Assessment District No.
'
AD05 -01. These types of special benefit are summarized as follows:
A. Protection of views, scenery and other resources values and environmental benefits
'
enjoyed by residents, customers and guests and preservation of public assets
maintained by the City.
'
B. Potential for increased economic opportunity.
C. Reduced cost of local government in law enforcement, public health care, and fire
'
prevention because improved and well- maintained facilities provide a healthy
alternative for youth and adult activities.
D. Enhanced quality of life and desirability of the area.
1
E. Specific enhancement of property values.
F. Creation of individual lots for commercial use that, in absence of the assessments,
'
would not have been created.
These benefit factors, when applied to property in the District, specifically increase the
value of the land within the District. For example, the assessments will provide funding
'
to maintain parkway and median hardscape and landscaping in the District. Such
improved and well- maintained landscaping enhances the overall quality and desirability
of the properties. In turn, property values are specifically enhanced by the availability of
1
improved and well- maintained landscaping in the area.
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IC. General versus Special Benefit
The proceeds from the City of Moorpark Landscaping and Lighting Assessment District
No. AD05 -1 would be used to fund maintenance of parkway and median hardscape and
landscaping in the District. In absence of the City of Moorpark Landscaping and Lighting
' Assessment District No. AD05 -1, such improvements would not be provided. The
District is specifically proposing an increased assessment to provide additional and
improved public resources for property in the District over and above what would
' otherwise be provided. In absence of the assessments, these public resources would
not be created and revenues would not be available for their continued maintenance and
improvement.
D. Method of Assessment
The second step in apportioning assessments is to determine the relative special benefit
for each property. This process involves determining the relative benefit received by
' each property in relation to a single family home, or, in other words, on the basis of
Single Family Equivalents (SFE). This SFE methodology is commonly used to distribute
assessments in proportion to estimated special benefit and is generally recognized as
' providing the basis for a fair and appropriate distribution of assessments. For the
purposes of this Engineer's Report, all properties are designated a SFE value, which is
each property's relative benefit in relation to a single family home on one parcel. In this
case, the "benchmark" property is the single family detached dwelling which is one
Single Family Equivalent or one SFE.
E. Assessment Apportionment
The proposed assessments for the District would provide direct and special benefit to
properties in this District. The properties within Tract 5264 consist of a 6.27 -acre parcel
' proposed for commercial development. The benefits are determined to be reasonably
equivalent on an acreage basis. Therefore, the Engineer has determined that the
appropriate method of apportionment of the benefits derived by all parcels is on a per
acre basis. In the event that the assessable parcel acreage in the District declines, the
' assessment rate per acre shall be recalculated. Any such acreage rate recalculation
shall not be an increase in the assessment that would require approval through an
assessment ballot proceeding.
' In the event that the annual assessment from a previous fiscal year for property in
District AD05 -1 is delinquent and uncollected, the budget for the new fiscal year may be
increased by the amount of delinquent assessment, and the total budget, including the
delinquent assessments, may be allocated to all other non - delinquent properties on a
per acre basis. Any increase in the assessment on other properties in District AD05 -1
resulting from such delinquent assessments, or the annual CPI adjustment, will be
considered authorized increases in the assessment and shall not require additional
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD05 -01 04119105
Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. page 7
' approval by property owners through a mailed assessment ballot proceeding, pursuant
to Article XIIID of the California Constitution.
The assessment is subject to an annual adjustment tied to the Consumer Price Index for
the Los Angeles Area as of December of each succeeding year (the CPI). In the event
that the actual assessment rate for any given year is not increased by an amount equal
to the CPI change, any such deferred assessment increase may be added to the total
amount assessed in any subsequent year. In such event, the maximum authorized
assessment amount shall be equal to the base year assessment as adjusted by the
' increase to the CPI, plus any and all CPI adjustments deferred in any and all prior years.
In addition, the annual adjustment may be increased due to delinquent assessments on
property in District AD05 -1 as specified above.
1. Appeals and Interpretation
Any property owner who feels that the assessment levied on the subject property is in
error as a result of incorrect information being used to apply the foregoing method of
assessment, may file a written appeal with the Director of Public Works or her or his
designee. Any such appeal is limited to correction of an assessment during the then
current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal,
the Director of Public Works or his or her designee will promptly review the appeal and
any information provided by the property owner. If the Director of Public Works or her or
his designee finds that the assessment should be modified, the appropriate changes
' shall be made to the assessment roll. If any such changes are approved after the
assessment roll has been filed with the County for collection, the Director of Public
Works or his or her designee is authorized to refund to the property owner the amount of
any approved reduction. Any property owner who disagrees with the decision of the
Director of Public Works or her or his designee, may refer their appeal to the City
Council of the City of Moorpark and the decision of the City Council of the City of
Moorpark shall be final.
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD05 -01 04119105
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Vl. ASSESSMENT
WHEREAS, the City Council of the City of Moorpark, County of Ventura,
California, pursuant to the provisions of the Landscaping and Lighting Act of 1972 and
'
Article XIIID of the California Constitution (collectively "the Act "), adopted its Resolution
Initiating Proceedings For the Formation of Moorpark Landscaping and Lighting
'
Maintenance Assessment District No. AD- 05 -01;
WHEREAS, said Resolution directed the undersigned Engineer of Work to
'
prepare and file a report presenting an estimate of costs, a diagram for the assessment
district and an assessment of the estimated costs of the improvements upon all
assessable parcels within the assessment district, to which Resolution and the
description of said proposed improvements therein contained, reference is hereby made
'
for further particulars;
NOW, THEREFORE, the undersigned, by virtue of the power vested in me under
said Act and the order of the City Council of said City of Moorpark, hereby make the
following assessment to cover the portion of the estimated cost of said improvements,
and the costs and expenses incidental thereto to be paid by the assessment district.
'
The amount to be paid for said improvements and the expense incidental thereto,
to be paid by the City of Moorpark Landscaping and Lighting Maintenance Assessment
District No. AD05 -01 for the fiscal year 2005 -06 is generally as follows:
SUMMARY COST ESTIMATE
F. Y. 2005 -06
Budget
!
Landscaping Maintenance $5,017.00
Stamped Concrete Maintenance $4,358.35
Operation & Administrative Costs $2,874.65
Total Levy to Budget $12,250.00
'
As required by the Act, an Assessment Diagram is hereto attached and made a
part hereof showing the exterior boundaries of said City of Moorpark Landscaping and
Lighting Maintenance Assessment District No. AD05 -01. The distinctive number of each
parcel or lot of land in the said City of Moorpark Landscaping and Lighting Maintenance
Assessment District No. AD05 -01 is its Assessor Parcel Number appearing on the
Assessment Roll.
And I do hereby assess and apportion said net amount of the cost and expenses
of said improvements, including the costs and expenses incident thereto, upon the
parcels and lots of land within said City of Moorpark Landscaping and Lighting
Maintenance Assessment District No. AD05 -01, in accordance with the special benefits
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD05 -01 04119105
Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 9
0
to be received by each parcel or lot, from the improvements, and more particularly set
forth in the Cost Estimate and Method of Assessment hereto attached and by reference
made a part hereof.
The assessment is made upon the parcels or lots of land within the City of
' Moorpark Landscaping and Lighting Maintenance Assessment District No. AD05 -01 in
proportion to the special benefits to be received by the parcels or lots of land, from said
improvements.
The assessment is subject to an annual adjustment tied to the Consumer Price
Index for the Los Angeles Area as of December of each succeeding year (the CPI). In
the event that the actual assessment rate for any given year is not increased by an
' amount equal to the CPI change, any such deferred assessment increase may be added
to the total amount assessed in any subsequent year. In such event, the maximum
authorized assessment amount shall be equal to the base year assessment as adjusted
by the increase to the CPI, plus any and all CPI adjustments deferred in any and all prior
years. In addition, the annual adjustment may be increased due to delinquent
assessments on property in District AD05 -01 as specified in the Assessment
Apportionment section of this Engineer's Report.
Each parcel or lot of land is described in the Assessment Roll by reference to its
parcel number as shown on the Assessor's Maps of the County of Ventura for the fiscal
year 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 City of Moorpark Landscaping and Lighting
Maintenance Assessment District No. AD05 -01.
Dated: April 19, 2005
By
John
No. C052091 I �i
C
Work
Bliss, License No. 652091
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD05 -01 04119105
Engineer's Report, Fiscal Year 2005 -06, by Shilts Consultants, Inc. Page 10
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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.
Shills Consultants, Inc
2300 Boynton Avenue, Suite 201
Fairfield, CA 94533
FILED IN THE OFFICE OF THE CITY CLERK OF THE
CITY OF MOORPARK, COUNTY OF VENTURA,
CALIFORNIA,
THIS DAY OF 2005.
CITY CLERK
RECORDED IN THE OFFICE OF THE DIRECTOR
OF PUBLIC WORKS OF THE CITY OF MOORPARK,
COUNTY OF VENTURA, CALIFORNIA, THIS
DAY OF .2005.
DIRECTOR OF PUBLIC WORKS
AN ASSESSMENT WAS CONFIRMED AND
LEVIED BY THE CITY COUNCIL OF THE CITY OF
MOORPARK ON THE LOTS, PIECES AND PARCELS
OF LAND ON THIS ASSESSMENT DIAGRAM ON THE
DAY OF 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
FILED THIS DAY OF
2005, AT THE HOUR OF O'CLOCK
_. M. IN THE OFFICE OF THE COUNTY
AUDITOR OF THE COUNTY OF VENTURA,
STATE OF CALIFORNIA, AT THE REQUEST OF
THE CITY OF MOORPARK CITY COUNCIL.
COUNTY AUDITOR, COUNTY OF VENTURA
CITY OF MOORPARK LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT NO. AD05 -01
ASSESSMENT DIAGRAM
Ll
u
Vlll. Appendix A -4972 ACT APPLICATION
The Landscaping and Lighting Maintenance Assessment District, through the Act, would collect
special benefit assessments and provide funding for the installation, maintenance and servicing
of landscaping features within Parcel Map 5264 [M &M Development]. The assessments are
levied on the basis of benefit and are considered an assessment, not a tax. Pertinent excerpts
from the Act are included below.
§22500 Short Title
This part shall be known and may be cited as the "Landscaping and Lighting Act
of 1972."
§22503 Assessment district; benefited territory
An assessment district shall consist of all territory which, as determined by the
legislative body, will be benefited by the improvements and is to be assessed to
pay the costs thereof.
§22504 Assessment District; territory within local agency
An assessment district may consist of all or any part of the territory within the
local agency and, in the case of a county, may consist of all or any part of the
unincorporated territory of the county.
§22505 Assessment district; contiguous or non - contiguous territory
An assessment district may consist of contiguous or non - contiguous areas. The
improvement in one area need not be of benefit to other areas.
§22523 Engineer
"Engineer" means the city engineer, county engineer, engineer of the district, or
any person designated by the legislative body as the engineer for the purposes
of this part, including officer, board, or employee of the local agency or any
private person or firm specially employed by the Local agency as engineer for the
purposes of this part. (Revised by Article XIIID of the California Constitution)
§22525 Improvement
"Improvement" means one or any combination of the following:
(a) The installation of planting or landscaping.
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(b) The installation or construction of statuary, fountains, or other ornamental
structures and facilities.
(c) The installation or construction of public lighting facilities, including, but not
'
limited to, traffic signals.
(d) The installation or construction of any facilities which are appurtenant to and
of the foregoing or which are necessary or convenient for the maintenance or
servicing thereof, including, but not limited to, grading, clearing, removal of
debris, the installation or construction of curbs, gutters, walls, sidewalks, or
paving, or water, irrigation, drainage, or electrical facilities.
(e) The installation of park or recreational improvements, including but not limited
to all of the following:
'
Land
(1) preparation, such as grading, leveling, cutting and filling sod
landscaping, irrigation systems, sidewalks, and drainage.
'
(2) Lights, playground equipment, play courts, and public restrooms.
1
(f) The maintenance or servicing or both, of any of the foregoing.
(g) The acquisition of land for park, recreational or open -space purposes.
(h) The acquisition of any existing improvement otherwise authorized pursuant to
this section.
'
§22569 Estimates of costs; content
'
The estimate of the costs of the improvements for the fiscal year shall contain
estimates for all of the following:
(a) The total costs for improvements to be made that year, being the total costs
'
of constructing or installing all proposed improvements and of maintaining and
servicing all existing and proposed improvements, including all incidental
expenses. This may include a reserve which shall not exceed the estimated
costs of maintenance and servicing to December 10 of the fiscal year, or
whenever the city expects to receive its apportionment of special assessments
and tax collections from the county, whichever is later.
(b) The amount of any surplus or deficit in the improvement fund to be carried
over from a previous fiscal year.
(c) The amount of any contributions to be made from sources other than
assessments levied pursuant to this chapter.
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(d) The amount, if any, of the annual installment for the fiscal year where the
legislative body has ordered an assessment for the estimated cost of any
improvements to be levied and collected in annual installments.
(e) The net amount to be assessed upon assessable lands within the
assessment district, being the total improvement costs, as referred to in
subdivision (a), increased or decreased, as the case may be, by any of the
amounts referred to in subdivision (b), (c), or (d).
§22573 Net amount; apportionment
The net amount to be assessed upon lands within an assessment district may be
apportioned by any formula or method which fairly distributes the net amount
among all assessable lots or parcels in proportion to the estimated benefits to be
received by each such lot or parcel from the improvements.
The determination of whether or not a lot or parcel will benefit from the
improvements shall be made pursuant to the Improvement Act of 1911 Division 7
(commencing with Section 5000).
§22574 Classification into zones
The diagram and assessment may classify various areas within an assessment
district into different zones where, by reason of variations in the nature, location,
and extent of the improvements, the various areas will receive differing degrees
of benefit from the improvements. A zone shall consist of all territory that will
receive substantially the same degree of benefit from the improvements.
§22605 Authority of Legislative Bodies
The Legislative body, either in a single proceeding or by separate proceedings,
may order one or any combination of the following changes of organization:
(a) The annexation of territory to an existing assessment district formed under
this part.
(b) The detachment of territory from an existing assessment district formed under
this part.
(c) The dissolution of an existing assessment district formed under this part.
(d) The consolidation into a single assessment district formed under this part any
combination of two or more of any of the following:
(1) An existing assessment district formed pursuant to this part.
(2) An existing lighting, street lighting, maintenance, or tree planting
district formed pursuant to Chapter 26 (commencing with Section 5820) of
City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD05 -01 04119105
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' Part 3 of Division 14, or Part 1 (commencing with Section 18000),
Part 2 (commencing with Section 18300), Part 3 (commencing with
1 Section 18600), or Part 4 (commencing with Section 19000) of Division
14, or Part 1 (commencing with Section 22000) of this division, or
pursuant to any procedural ordinance adopted by a charter city.
' (e) The legislative body shall not, by annexation, detachment, dissolution, or
consolidation, alter the obligation of property owners to pay the principal of, and
interest on, bonded debt or notes issued pursuant to Section 22662.5. This
' section does not prevent the lawful refunding of the bonded debt or notes or the
apportionment of assessments upon the division of properties assessed.
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1
1
C
IX. Appendix B - Article XIIID of the California Constitution
(Proposition 218)
Proposition 218 was approved by voters as a Constitutional Amendment on November 6, 1996.
It became Article XIIIC and Article XIIID of the California State Constitution and has imposed
additional requirements for assessment districts. Following is a summary of the Article.
CALIFORNIA CONSTITUTION ARTICLE 13D
(ASSESSMENT AND PROPERTY - RELATED FEE REFORM)
SECTION 1. Application. Notwithstanding any other provision of law, the provisions of
this article shall apply to all assessments, fees and charges, whether imposed pursuant
to state statute or local government charter authority. Nothing in this article or Article
XIIIC shall be construed to:
(a) Provide any new authority to any agency to impose a tax, assessment, fee, or
charge.
(b) Affect existing laws relating to the imposition of fees or charges as a condition of
property development.
(c) Affect existing laws relating to the imposition of timber yield taxes.
CALIFORNIA CONSTITUTION ARTICLE 13D
(ASSESSMENT AND PROPERTY - RELATED FEE REFORM)
SEC. 2. Definitions.
As used in this article:
(a) "Agency" means any local government as defined in subdivision (b) of Section 1
of Article XIIIC.
(b) "Assessment" means any levy or charge upon real property by an agency for a
special benefit conferred upon the real property. "Assessment" includes, but is
not limited to, "special assessment," "benefit assessment," "maintenance
assessment" and "special assessment tax."
(c) "Capital cost" means the cost of acquisition, installation, construction,
reconstruction, or replacement of a permanent public improvement by an agency.
(d) "District" means an area determined by an agency to contain all parcels which will
receive a special benefit from a proposed public improvement or property- related
service.
(e) "Fee" or "charge" means any levy other than an ad valorem tax, a special tax, or
an assessment, imposed by an agency upon a parcel or upon a person as an
incident of property ownership, including a user fee or charge for a property
related service.
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(f) "Maintenance and operation expenses" means the cost of rent, repair,
replacement, rehabilitation, fuel, power, electrical current, care, and supervision
necessary to properly operate and maintain a permanent public improvement.
(g) "Property ownership" shall be deemed to include tenancies of real property where
tenants are directly liable to pay the assessment, fee, or charge in question.
(h) "Property- related service" means a public service having a direct relationship to
property ownership.
(i) "Special benefit" means a particular and distinct benefit over and above general
benefits conferred on real property located in the district or to the public at large.
General enhancement of property value does not constitute "special benefit."
CALIFORNIA CONSTITUTION ARTICLE 13D
(ASSESSMENT AND PROPERTY - RELATED FEE REFORM)
SEC. 3. Property Taxes, Assessments, Fees and Charges Limited.
(a) No tax, assessment, fee, or charge shall be assessed by any agency upon any
parcel of property or upon any person as an incident of property ownership
except: (1) The ad valorem property tax imposed pursuant to Article XIII and
Article XIIIA. (2) Any special tax receiving a two- thirds vote pursuant to Section 4
of Article XIIIA. (3) Assessments as provided by this article. (4) Fees or charges
for property related services as provided by this article.
(b) For purposes of this article, fees for the provision of electrical or gas service shall
not be deemed charges or fees imposed as an incident of property ownership.
CALIFORNIA CONSTITUTION ARTICLE 13D
(ASSESSMENT AND PROPERTY - RELATED FEE REFORM)
SEC. 4. Procedures and Requirements for All Assessments.
(a) An agency which proposes to levy an assessment shall identify all parcels which
will have a special benefit conferred upon them and upon which an assessment
will be imposed. The proportionate special benefit derived by each identified
parcel shall be determined in relationship to the entirety of the capital cost of a
public improvement, the maintenance and operation expenses of a public
improvement, or the cost of the property related service being provided. No
assessment shall be imposed on any parcel which exceeds the reasonable cost
of the proportional special benefit conferred on that parcel. Only special benefits
are assessable, and an agency shall separate the general benefits from the
special benefits conferred on a parcel. Parcels within a district that are owned or
used by any agency, the State of California or the United States shall not be
exempt from assessment unless the agency can demonstrate by clear and
convincing evidence that those publicly owned parcels in fact receive no special
benefit.
(b) All assessments shall be supported by a detailed engineer's report prepared by a
registered professional engineer certified by the State of California.
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(g) Because only special benefits are assessable, electors residing within the district
who do not own property within the district shall not be deemed under this
Constitution to have been deprived of the right to vote for any assessment. If a
court determines that the Constitution of the United States or other federal law
requires otherwise, the assessment shall not be imposed unless approved by a
two- thirds vote of the electorate in the district in addition to being approved by the
property owners as required by subdivision (e).
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'
The
(c) 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 that the
statement
existence of a majority protest, as defined in subdivision (e), will result in the
assessment not being imposed.
(d) Each notice mailed to owners of identified parcels within the district pursuant to
subdivision (c) shall contain a ballot which includes the agency's address for
'
receipt of the ballot once completed by any owner receiving the notice whereby
the owner may indicate his or her name, reasonable identification of the parcel,
and his or her support or opposition to the proposed assessment.
'
(e) The agency shall conduct a public hearing upon the proposed assessment not
less than 45 days after mailing the notice of the proposed assessment to record
owners of each identified parcel. At the public hearing, the agency shall consider
all protests against the proposed assessment and tabulate the ballots. The
agency shall not impose an assessment if there is a majority protest. A majority
protest exists if, upon the conclusion of the hearing, ballots submitted in
opposition to the assessment exceed the ballots submitted in favor of the
assessment. In tabulating the ballots, the ballots shall be weighted according to
the proportional financial obligation of the affected property.
(f) In any legal action contesting the validity of any assessment, the burden shall be
on the agency to demonstrate that the property or properties in question receive
'
a special benefit over and above the benefits conferred on the public at large and
that the amount of any contested assessment is proportional to, and no greater
than, the benefits conferred on the property or properties in question.
(g) Because only special benefits are assessable, electors residing within the district
who do not own property within the district shall not be deemed under this
Constitution to have been deprived of the right to vote for any assessment. If a
court determines that the Constitution of the United States or other federal law
requires otherwise, the assessment shall not be imposed unless approved by a
two- thirds vote of the electorate in the district in addition to being approved by the
property owners as required by subdivision (e).
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ii
CALIFORNIA CONSTITUTION ARTICLE 13D
(ASSESSMENT AND PROPERTY - RELATED FEE REFORM)
SEC. 5. Effective Date.
Pursuant to subdivision (a) of Section 10 of Article II, the provisions of this article shall
become effective the day after the election unless otherwise provided. Beginning July 1,
1997, all existing, new, or increased assessments shall comply with this article.
Notwithstanding the foregoing, the following assessments existing on the effective date
of this article shall be exempt from the procedures and approval process set forth in
Section 4:
(a) Any assessment imposed exclusively to finance the capital costs or maintenance
and operation expenses for sidewalks, streets, sewers, water, flood control,
drainage systems or vector control. Subsequent increases in such assessments
shall be subject to the procedures and approval process set forth in Section 4.
(b) Any assessment imposed pursuant to a petition signed by the persons owning all
of the parcels subject to the assessment at the time the assessment is initially
imposed. Subsequent increases in such assessments shall be subject to the
procedures and approval process set forth in Section 4.
(c) Any assessment the proceeds of which are exclusively used to repay bonded
indebtedness of which the failure to pay would violate the Contract Impairment
Clause of the Constitution of the United States.
(d) Any assessment which previously received majority voter approval from the
voters voting in an election on the issue of the assessment. Subsequent
increases in those assessments shall be subject to the procedures and approval
process set forth in Section 4.
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X. Appendix C - 2005 -06 ASSESSMENT ROLL
' An Assessment Roll (a listing of all parcels assessed within the Landscaping and Lighting
Assessment District and the amount of the assessment) has been filed with the City Clerk and
is, by reference, made part of this report and will be available for public inspection during normal
office hours.
Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County
Assessor records and these records are, by reference made part of this report. These records
shall govern for all details concerning the description of the lots or parcels.
Assessor's Parcel No. Owner Name SFE's Assessment
5140160045 M & M DEVELOPMENT LTD 6.27 $12,250.00
$12, 250.00
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