HomeMy WebLinkAboutAGENDA REPORT 2015 0603 CCSA REG ITEM 08B ITEM 8.B.
MOORPARK CITY COUNCIL
AGENDA REPORT CITY OF MOORPARK,CALIFORNIA
City Council Meeting
TO: The Honorable City Council ACTION: aditta,
•
FROM: Ronald Ahlers, Finance Director. � _
DATE: May 19, 2015 (Meeting June 3, 2015)
SUBJECT: Consider Final Review of the Assessment Engineer's Report for the
Landscaping and Lighting Maintenance Assessment Districts and
Resolution Confirming the Levy Amounts and Ordering the
Continuation of Assessment for Fiscal Year 2015/2016
SUMMARY
The City Council is being asked to open the public hearing on the continuation of the
Landscape and Lighting Maintenance Assessment Districts (Assessment Districts) for
fiscal year (FY) 2015/2016, receive testimony, close the public hearing, approve the
final Assessment Engineer's Report (Engineer's Report), and adopt the resolution
confirming the assessment levy.
BACKGROUND
In 1984, a Landscaping and Lighting Maintenance Assessment District No. AD 84-2 (AD
84-2), encompassing the entire City, was created to fund costs associated with street
lighting and the maintenance of various landscaped areas in the City. This was a
successor to the District enacted by the County of Ventura prior to the incorporation of the
City. In subsequent years, Zones of Benefit were added to fund improvements and the
maintenance of certain specific areas. Later, these Zones were changed to District 1
through District 12.
Since 1984, the City has formed additional Assessment Districts to fund the maintenance
of certain landscape improvements in and adjacent to:
2001
• Tract 5201, Wilshire Builders (AD01-1, District 14)
• Tract 4928, Toll Brothers (AD01-2, District 15)
• Tract 5166, Cabrillo (AD01-3, District 16) t
2004
• Tract 5307, Colmer Development (AD04-01, District 18)
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2005
• Tract 5264, M&M Development (AD05-01, District 19)
2006
• Tract 5133, Shea Homes (AD06-01, District 21 - Zone A)
• Tract 5425, Shea Homes (AD06-01, District 21 - Zone B')
2007
• Tract 5187, Lyon Homes (AD07-02, District 20)
• Tract 5045, Pardee Homes (AD07-01, District 22)
• IPD 2000-10, Asadurian (AD07-04, District 24) tt
2008
• CPD 2004-01, Nearon (AD07-03, District 25)
2009
• CPD 2004-03, Warehouse Discount Center (AD09-01, District 26) ttt
2010
• CPD 2005-02, Tuscany Square (AD10-01, District 31) ttt
• CPD 2005-03, HFR Investment I, LLC (AD10-02, District 32) ttt
Notes: t Districts 13, 17,27,28 and 29 are not assigned.
tt District 23-Tract 5130, SuncalNistas was not completed.
m Districts 26,31 and 32 are back-up maintenance districts.
On November 20,2013 by Resolution No.2013-3241,Tract 5425 was annexed into District 21
As part of the annual budget process, the City Council considers whether or not to
continue 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 21,
2015, the City Council adopted Resolution No. 2015-3359 directing the preparation of said
Engineer's Report. At the May 6, 2015 meeting, City Council adopted Resolution No.
2015-3390, which approved the preliminary Engineer's Report and set the date of the
public hearing on June 3, 2015.
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DISCUSSION
Engineer's Report
The City Council is being asked to receive public testimony on the continuation of the
assessment and to set the assessment levy amount. The Engineer's Report established
the assessment levy amount for each zone/district, the formula used to spread the
assessment and calculation of "special" benefit versus "general" benefit. The 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.
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. Zones/Districts:
Zone
District AD Name Location
1 Pecan Avenue Tract 2851
2 Steeple Hill Area Tract 2865
3 Butler Creek/Peppermill Tract 3032
4 Williams Ranch Road Tract 3274
5 Pheasant Run Area Tracts 3019 & 3525 •
6 Inglewood Street Tract 3274
7 Moorpark Business Park LA Ave & Gabbert •
8 Home Acres Buffer Area
9 Moorpark Industrial Park Condor Drive
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Zonet
District AD Name Location
10 Mountain Meadows Planned Community 3
11 Alyssas Court Tract 4174
12 Carlsberg Specific Plan
14 Silver Oak Lane Tract 5201
15 Country Club Estates Tract 4928
16 Mountain View Tract 5161
18 Moonsong Court Tract 5307
19 Campus Plaza Tract 5264
20 Meridian Hills Tract 5187
21 Canterbury Lane Tract 5133
21 Zone B Ivy Lane Tract 5425
22 Moorpark Highlands Tract 5045
24 875 Los Angeles Ave LA Ave& Goldman Ave
25 Patriot Commerce Center CPD 2004-01
26 14339-14349 White Sage Road CPD 2004-03
31 Tuscany Square CPD 2005-02
32 145 Park Lane CPD 2005-03
Notes: Zone/District 2, 5, 10& 16 include drainage maintenance.
Zone/District 13, 17, 27, 28, 29&30 are unassigned.
Zone/District 23 SuncalNistas was not completed.
FY 2015/2016 Assessment Amounts and Adjustment
The method used to establish the assessment amounts is based on a two-step process:
1) identifying the "special" benefits resulting from the improvements; and 2) allocating
the assessments to the property based on the proportional "special" benefits derived
from improvements over and above the "general" benefits. This method has been
unchanged from prior years. AD 84-2, which includes Zones/Districts 1 to 11, was
established prior to the passage of Proposition 218. As such, the per lot (per acre)
assessment amounts in these Zones/Districts are at the same level. 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.
Pursuant to language set forth in the formation documents for Zone/Districts 12 through
32, the annual maximum assessments for these Zone/Districts may be increased annually
to cover cost-of-living (COLA) increases. The COLA increase in the Los Angeles Area
Consumer Price Index (CPI) from December 2013 to December 2014 is 0.72 percent
(0.72%). The maximum assessment amounts for FY 2015/2016 include the COLA
adjustments which are also summarized as follows:
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MAXIMUM ASSESSMENTS FOR ZONES 12 — 32
FY 14/15 FY 15/16
Maximum COLA- Maximum
Zone/District Assessment 0.72% Assessment
12 Carlsberg - Residential $551.05 $3.97 $555.01
12 Carlsberg - Commercial $199.44 $1.44 $200.87
12 Carlsberg - Institutional $1,796.28 $12.93 $1,809.21
14 Silver Oak Lane T5201 $162.28 $1.17 $163.44
15 Country Club Estates T4928 $1,957.49 $14.09 $1,971.58
16 Mountain View T5161 $472.88 $3.40 $476.28
18 Moonsong Court T5307 $995.50 $7.17 $1,002.66
19 Campus Plaza T5264 $9,024.95 $64.98 $9,089.92
20 Meridian Hills T5187 $2,506.15 $18.04 $2,524.19
21 Canterbury Lane T51331 $484.66 $3.49 $488.14
21 Zone B Ivy Lane T5425 $157.78 $1.14 $158.91
22 Moorpark Highlands 150451 $3,427.85 $24.68 $3,452.53
24 875 Los Angeles Ave2 $9,930.27 $71.50 $10,001.76
25 Patriot Commerce Center CPD 2004-012 $4,513.79 $32.50 $4,546.28
26 14339-14349 White Sage Road CPD 2004-032 $4,818.81 $34.70 $4,853.50
31 Tuscany Square CPD 2005-022 $5,896.32 $42.45 $5,938.77
32 145 Park lane CPD 2005-032 $10,178.75 $73.29 $10,252.03
Notes:
1 Includes additional per lot assessment for HOA maintained improvements.
2 Includes additional per lot assessment for Property Owner maintained improvements.
Districts 19, 24, 25, 26, 31 and 32 have been established as "back-up" Assessment
Districts to manage certain landscape maintenance responsibilities assigned to the
respective project owners. As long as the project owner is adequately maintaining the
prescribed landscape improvements, the approved maximum assessment will not be
levied. In the event the project owner fails to adequately maintain the landscape
improvements, the City can take over the maintenance responsibility and levy the
assessment.
Improvement Reserve Ceiling
The Engineer's Report provides for a Capital Reserve Account for each Assessment
District. Consistent with past City Council's action on September 3, 2008, the Engineer's
Report stipulates that Capital Reserve Account for any Zone/District not exceed an
amount equal to one times the annual operating budget for that Zone/District (prior to
September 3 the Capital Reserve cap was three times the annual operating budget).
Should the projected Year-End Fund Balance for any Zone/District exceed that "ceiling",
the amount of the annual maximum assessment shall be adjusted to reflect the CPI, but
the amount of the assessment to be levied upon the affected properties shall be reduced,
but not lower than ten percent (10%) of the annual maximum assessment, as determined
by the Assessment Engineer to be consistent with these guidelines.
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The Zones/Districts listed below are projected to exceed the Capital Reserve cap should
the maximum assessment be levied. The assessment amounts to be levied are reduced
so as not to cause the fund balance at June 30, 2016 to exceed the established limit.
Fund
Balance,
06/30/16 Annual Total
Zone/ (Maximum Operating Maximum Total Levy
District Assessment) Budget Assessment Amount Remarks
11 $ 3,849 $ 1,827 $ 3,040 $ 1,520 50% of maximum assessment
12 $ 284,648 $ 199,438 $ 318,441 $ 243,448 76% of maximum assessment
15 $ 1,972,066 $ 240,869 $ 636,820 $ 64,600 10% of maximum assessment
16 $ 69,010 $ 14,314 $ 28,101 $ 3,541 13% of maximum assessment
18 $ 26,108 $ 13,128 $ 25,067 $ 7,501 30% of maximum assessment
20 $ 1,326,249 $ 386,842 $ 625,999 $ - 0% of maximum assessment
21 $ 142,839 $ 11,584 $ 48,454 $ 3,645 11% of maximum assessment
22 $ 2,716,818 $ 1,006,695 $ 2,121,040 $ 858,714 40% of maximum assessment
In the near future, the City anticipates acceptance of Districts 20 (Meridian Hills T5187)
and 21 Zone A (Canterbury Lane T5133) and will assume responsibility for the
maintenance of the slope; parkway and median landscape improvements; bio-swales;
detention basis and storm drains. Staff is proposing to levy $0.00 for District 20 (Meridian
Hills T5187) since the estimated fund balance would be about 1.81 times its annual
operating budget. For District 21 Zone A (Canterbury Lane T5133); staff is recommending
to levy the minimum authorized assessment of $45.00. At this rate, the estimated fund
balance at June 30, 2016 will equal to about $97,850 or 8 times the reserve ceiling.
Lighting and Landscape Maintenance Budget
This report was prepared in advance of the Council's discussions of the FY 2015/2016
budget. Therefore, the budget figures identified in the Report will not be identical to those
in the draft budget, but will be closely comparable. By adopting the Report, the Council is
not approving any expenditures that will come with the adoption of the City budget.
Adopting the Report simply establishes the assessment amount for the new fiscal year.
The preliminary proposed budget for FY 2015/2016 is $3,081,127 - $192,978 for
salaries and employee benefits; $2,872,665 for services and supplies; $11,509 for
debris basin expenses and $3,975 for capital improvements. Services and supplies
include $1,056,435 for landscaping and maintenance; $390,000 for street lighting; and
$906,349 for water and electricity. The total proposed expenditures is higher than prior
year by $70,424. The slight increase is primarily driven by 6% increase in water and
electricity ($58,337) and staff cost ($11,791). Beginning FY 2012/2013, salaries and
employee benefits for maintenance staff were distributed to various Zones/Districts
based on the Zone/District's size relative to the total acreage of 147.12. This is a more
reasonable basis for cost sharing and is expected to reduce the General Fund support
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to Zones/Districts with deficit fund balances.
Fund Deficits
Since Zones/Districts 1 through 11 were established without a cost-of-living adjustment
factor, the maximum assessment amount per unit cannot be increased. It is anticipated
that the following Zones/Districts will have deficit fund balance at the end of FY 2014/2015
and FY 2015/2016:
Fund Balance Surplus/ (Deficit)
(A) (B) (C) (C-B)
FY 13/14 FY 14/15 FY 15/16 Increase/
Fund No. -Zone/District Title Actual Estimate Estimate (Decrease)
2300 Citywide- Lighting ($62,508) ($128,441) ($147,208) $18,767
2300 Citywide- Landscape $0 ($78,417) ($122,346) $43,929
2301 District 1- Pecan Avenue ($506) ($5,960) ($8,266) $2,306
2303 District 3 - Buttercreek/Peppermill $0 $0 ($962) $962
2305 District 5 - Pheasant Run Area ($31,517) ($44,766) ($47,826) $3,060
2306 District 6 - Inglewood St ($92) ($679) ($785) $106
2307 District 7- Moorpark Business Park ($20,077) ($3,387) ($5,583) $2,196
2308 District 8 - Home Acres Buffer ($10,219) ($16,269) ($21,018) $4,749
2309 District 9 - Moopark Industrial Park ($2,898) ($3,608) ($4,081) $473
2310 District 10 - Mountain Meadows $0 $0 ($47,031) $47,031
2314 District 14 -Wilshire Builders ($1,712) ($1,916) ($2,369) $453
TOTAL ($129,527) ($283,444) ($407,476) $124,032
Due to the fixed maximum assessment rates in the Citywide District and Zones/Districts 1
through 11 and increasing maintenance and operations costs, deficits in street lighting and
landscaped areas will continue to grow. The FY 2014/2015 projected deficit of$283,444 is
2.19 times the subsidy for the FY 2013/2014 actual operating deficit of $129,527. The
estimated deficit in FY 2015/2016 is expected to rise to $407,476 due to new programmed
landscape and/trail improvements and utility costs increase.
In FY 2014/2015, the City paid $3.6 million to California Public Employees Retirement
System (CaIPERS) to significantly reduce the unfunded pension liability. Following the
staff cost distribution, $100,078 is charged to various Zones/Districts. Thus, in addition to
the transfers of $129,527, the General Fund subsidized $12,342 of the pension cost
assigned to those districts noted above.
FISCAL IMPACT
The City's practice is to budget current year deficit in the following fiscal year's budget. In
the past, the citywide street lighting deficit was 100% funded by Gas Tax; while
landscaping deficits were funded with a 50/50 split between Gas Tax and General Funds.
The FY 2013/2014 deficit of $129,527 (General Fund - $67,019 and Gas Tax Fund -
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$62,508) was included in the FY 2014/2015 budget. The projected deficit of $283,444 for
FY 2014/2015 will be included in the FY 2015/2016 budget. The estimated deficit for FY
2015/2016 of $407,476 will be included in the FY 2016/2017 budget. As you are aware,
recent State legislation enables the City to continue to spend Transportation Development
Act (TDA) funds for street purposes. Staff will analyze the combined TDA and Gas Tax
revenues for FY 2015/2016 and make a recommendation as part of the budget
presentation to possibly use a portion of the Gas Tax revenue for street lighting costs.
As noted above, the requirements of Proposition 218 prohibit the City from increasing
assessments without a vote. The City's options are to continue funding the growing
deficits, as they have in the past, from City reserves or to consider initiating a mail ballot
vote to increase assessment levels in the Citywide Street Light and Landscape Zone and
Zones 1 — 11.
STAFF RECOMMENDATION (Roll Call Vote)
1. Open the public hearing, accept public testimony, and close the public hearing.
2. Adopt Resolution No. 2015 -
Attachments: A - Summary of Assessment Amounts
B — Resolution
C — Engineer's Report
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Honorable City Council Attachment A
June 3, 2015
Page 9
SUMMARY OF ASSESSMENT LEVY AMOUNTS
Per Lot Assessment
Landscape Maintenance US&Draina a Maintenance
Total
Assessment
Zone/District Amount Units Amount Units Amount
Citywide-Street Lighting $252,055 12,094.75 $ 20.84
Citywide-Landscaping Residential $137,841 41,770.00 $ 3.30
Citywide-Landscaping Commercial/Industrial $47,479 2,754.00 $ 17.24
$185,320
1 -Pecan Avenue T 2851 $9,702 75.00 $ 129.36
2-Steeple Hill Area T 2865 US $66,848 574.00 $ 116.46
LS/Drainage $6,991 48.00 $ 116.46 48.00 $ 29.18
$73,839
3-Butler Creek/Peppermill T 3032 $3,079 265.00 $ 11.62
4-Williams Ranch Road T 3274 $6,383 129.00 $ 49.48
5-Pheasant Run Area T 3019/3525 US $15,274 142.00 $ 107.56
LS/Drainage $8,567 75.00 $ 107.56 75.00 $ 6.66
$23,840
6-Inglewood Street T 3306 $924 22.00 $ 42.00
7-Moorpark Business Park
LA Ave at Gabbert $11,298 91.74 $ 123.15
8-Home Acres Buffer Area City $7,669 498.00 $ 15.40
Home Acres $7,574 201.00 $ 37.68
$15,243
9-Moorpark Industrial Park
Condor Drive $1,357 49.46 $ 27.43
10-Mountain Meadows PC-3 Residential US $135,859 1,775.00 $ 76.54
Residential LS/Drainage $58,457 669.00 $ 76.54 669.00 $ 10.84
Commercial $7,216 11.23 $ 642.57
$201,532
11 -Alyssas Court t 4174 $1,520 9.00 $ 168.89
12-Carlsberg Specific Plan Area Residential $227,800 536.00 $ 425.00
Commercial/Industrial $10,461 69.74 $ 150.00
Institutional $5,184 3.84 $ 1,350.00
$243,445
14-Silver Oak Lane T 5201 $1,634 10.00 $ 163.44
15-Country Club Estates T 4928 $64,600 323.00 $ 200.00
16-Mountain View T 5161 $3,540 59.00 $ 60.00
18-Moonsong Court T 5307 $7,500 25.00 $ 300.00
19-Campus Plaza T 5264 $0 6.27 $ -
20-Meridian Hills T 5187 $0 248.00 $ -
21 -Canterbury Lane T 5133 $3,465 77.00 $ 45.00
21.1 Ivy Lane T 5425 $10,945 99.00 $ 110.56
22-Moorpark Highlands T 5045 Residential $840,863 659.50 $ 1,275.00
Institutional $17,850 14.00 $ 1,275.00
$858,713
24-875 Los Angeles Ave $0 2.53 $ -
25-Patriot Commerce Center $0 11.52 $ -
26-14339-14349 White Sage Road $0 8.15 $ -
31 -Tuscany Square $0 6.96 $ -
32-145 Park Lane $0 1.00 $ -
Note: Total Assessment amount differs slightily from Table 1 of the Engineer's Report(Attachment C)due to rounding in the calculation.
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Attachment B
RESOLUTION NO. 2015-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING ENGINEER'S
REPORT, CONFIRMING DIAGRAM AND ASSESSMENT AND
ORDERING THE CONTINUATION OF ASSESSMENT FOR
FISCAL YEAR 2015/2016 FOR THE CITY OF MOORPARK
LANDSCAPING AND LIGHTING MAINTENANCE
ASSESSMENT DISTRICTS
WHEREAS, by Resolution No. 2015-3359, 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
2015/2016; and
WHEREAS, pursuant to said Resolution, the Engineer's Report ("Report") was
prepared by SCI Consulting Group, Engineer of Work, in accordance with Section
22565, et. seq., of the Streets and Highways Code and Article XIIID of the California
Constitution; and
WHEREAS, by Resolution No. 2015-3390 the City Council preliminarily approved
the Engineer's Report for said Districts and set a date for a Public Hearing; and
WHEREAS, said report was duly made and filed with the City Clerk and duly
considered by this Council and found to be sufficient in every particular, whereupon it
was determined that the report should stand as the Engineer's Report for all subsequent
proceedings under and pursuant to the aforesaid resolution, and that June 3, 2015, at
the hour of 7:00 p.m. in the Council Chambers, located at 799 Moorpark Avenue,
Moorpark, California 93021, were appointed as the time and place for a hearing by this
Council on the question of the levy of the proposed assessment, notice of which hearing
was given as required by law; and
WHEREAS, at the appointed time and place the hearing was duly and regularly
held, and all persons interested and desiring to be heard were given an opportunity to
be heard, and all matters and things pertaining to the levy were fully heard and
considered by the Council, and all oral statements and all written protests or
communications were duly heard, considered and overruled, and this council thereby
acquired jurisdiction to order the levy and the confirmation of the diagram and
assessment prepared by and made a part of the Engineer's Report to pay the costs and
expenses thereof.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
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Resolution No. 2015 —
Page 2
SECTION 1. The public interest, convenience and necessity require that the
continuation be made.
SECTION 2. The Assessment Districts benefited by the improvements and
assessed to pay the costs and expenses thereof, and the exterior boundaries thereof,
are as shown by a map thereof filed in the office of the City Clerk, which map is made a
part hereof by reference thereto.
SECTION 3. The Engineer's Report as a whole and each part thereof, to wit:
(a) the Engineer's estimate of the itemized and total costs
and expenses of maintaining the improvements and of the
incidental expenses in connection therewith;
(b) the diagram showing the Assessment Districts, plans
and specifications for the improvements to be maintained and the
boundaries and dimensions of the respective lots and parcels of
land within the Assessment Districts; and
(c) the assessment of the total amount of the cost and
expenses of the proposed maintenance of the improvements upon
the several lots and parcels of land in the Assessment Districts in
proportion to the estimated special benefits to be received by such
lots and parcels, respectively, from the maintenance, and of the
expenses incidental thereto;
are finally approved and confirmed.
SECTION 4. Final adoption and approval of the Engineer's Report as a whole,
and of the plans and specifications, estimate of the costs and expenses, the diagram
and the assessment, as contained in the report as hereinabove determined and
ordered, is intended to and shall refer and apply to the report, or any portion thereof as
amended, modified, or revised or corrected by, or pursuant to and in accordance with,
any resolution or order, if any, heretofore duly adopted or made by this Council.
SECTION 5. The assessment to pay the costs and expenses of the maintenance
of the improvements for fiscal year 2015/2016 is hereby levied. For further particulars
pursuant to the provisions of the Landscaping and Lighting Act of 1972, reference is
hereby made to the Resolution Directing Preparation of Engineer's Report.
SECTION 6. Based on the oral and documentary evidence, including the
Engineer's Report, offered and received at the hearing, this Council expressly finds and
determines (a) that each of the several lots and parcels of land will be specially
benefited by the maintenance of the improvements at least in the amount if not more
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Resolution No. 2015 —
Page 3
than the amount, of the assessment apportioned against the lots and parcels of land,
respectively, and (b) that there is substantial evidence to support, and the weight of the
evidence preponderates in favor of, the aforesaid finding and determination as to
special benefits.
SECTION 7. Immediately upon the adoption of this resolution, but in no event
later than the third Monday in August following such adoption, the City Clerk shall file a
certified copy of the diagram and assessment and a certified copy of this resolution with
the Auditor of the County of Ventura. Upon such filing, the County Auditor shall enter on
the County assessment roll opposite each lot or parcel of land the amount of
assessment thereupon as shown in the assessment. The assessments shall be
collected at the same time and in the same manner as County taxes are collected and
all laws providing for the collection and enforcement of County taxes shall apply to the
collection and enforcement of the assessments. After collection by the County, the net
amount of the assessments, after deduction of any compensation due the County for
collection, shall be paid to the City of Moorpark Landscaping and Lighting Maintenance
Assessment Districts.
SECTION 8. Upon receipt of the moneys representing assessments collected by
the County, the County shall deposit the moneys in the City Treasury to the credit of the
improvement funds previously established under the distinctive designation of the
Assessment Districts. Moneys in the improvement funds shall be expended only for the
maintenance, servicing, construction or installation of the improvements.
SECTION 9. The assessments levied are in conformance with Proposition 218.
SECTION 10. 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 3rd day of June, 2015.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
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Attachment C
/
CITY OF MOORPARK
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS
ENGINEER'S REPORT
FISCAL YEAR 2015-16
APRIL 2015
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972
AND ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION
ENGINEER OF WORK:
SCIConsultingGroup
4745 MANGLES BOULEVARD
FAIRFIELD, CALIFORNIA 94534
PHONE 707.430.4300
FAX 707.430.4319
www.sci-cg.com
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PAGE Iu
TABLE OF CONTENTS
TABLE OF CONTENTS III
INTRODUCTION 1
OVERVIEW 1
ENGINEER'S REPORT AND CONTINUATION OF ASSESSMENTS 6
LEGISLATIVE ANALYSIS 7
COMPLIANCE WITH CURRENT LAW 9
PLANS&SPECIFICATIONS 10
FISCAL YEAR 2015-16 ESTIMATE OF COST AND BUDGET 12
METHOD OF APPORTIONMENT 16
METHOD OF APPORTIONMENT 16
DISCUSSION OF BENEFIT 16
GENERAL VERSUS SPECIAL BENEFIT 17
METHOD OF ASSESSMENT 21
ASSESSMENT APPORTIONMENT 21
APPEALS AND INTERPRETATION 33
ASSESSMENT 34
APPENDIX A-2015-16 ASSESSMENT ROLL 36
APPENDIX B-ASSESSMENT DIAGRAM 37
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CITY OF MOORPARK
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS SC IConsu ltingG roup
ENGINEER'S REPORT,FY 2015-16
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PAGE 1
INTRODUCTION
OVERVIEW
The City of Moorpark's (the "City") Lighting Maintenance Assessment District 84-2 ("AD84-
21 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, AD-04-1, AD-05-1, AD-06-1, AD-07-
1, AD-07-2, AD-07-3, AD-07-4, AD-09-1, AD-10-1 and AD-10-2 (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" or "Assessments") 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 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, Tract 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.
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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. Buttercreek / Peppermill, 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. Inglewood 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 Angeles 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).
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10. 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. Silver Oak Lane, 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. Country Club Estates, 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.
Maintenance costs associated with maintaining trail and landscape improvements between
District 15 and District 20, north of Spring Road, is shared proportionally between the two
Districts.
16. Mountain View, 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.
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18. Moonsong Court, Tract 5307: Landscaping maintenance costs associated with
landscaping and irrigation system, along the west and south perimeter of the Tract, on
Flory 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.
Beginning fiscal year 2008-09 the drainage maintenance of the bio-swales has been
eliminated.
19. Campus Plaza, Tract 5264: Median and Island landscape and hardscape maintenance
costs associated with 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 landscaping cost associated with 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.
20. Meridian Hills, Tract 5187: Landscape maintenance costs associated with the
maintenance of slope, parkway and median landscape improvements located throughout
the District. Drainage maintenance costs associated with the maintenance of bio-swales,
detention basins and storm drains. Maintenance costs associated with maintaining trail
and landscape improvements between District 15 and District 20, north of Spring Road, is
shared proportionally between the two Districts.
21. Canterbury Lane, Tract 5133: Parkway landscape cost associated with the maintenance
of parkway landscape improvements along Los Angeles Avenue frontage and Millard
Street western perimeter. City maintained drainage costs associated with the
maintenance of filtration systems, six seven foot catch basins, two fourteen foot catch
basins and storm drains located throughout the District. HOA maintained drainage costs
associated with the maintenance of drainage improvements including front yard grass
swales (for 77 lots), catch basin near the northwest corner of the tract, six twelve inch pad
catch basins and pad PVC drains. The Homeowners Association shall retain the
responsibility for the maintenance of these drainage improvements, but in the event it is
ever determined that said maintenance is inadequate, the City can take over the
maintenance of these drainage improvements. The assessments for the cost of
maintaining these drainage improvements will be levied only if the City takes over
responsibility for the maintenance of these drainage improvements.
21.1 Ivy Lane Zone B, Tract 5425: Parkway landscape cost associated with the
maintenance of parkway landscape improvements along Los Angeles Avenue frontage.
Drainage maintenance costs associated with the maintenance of filtration systems, nine
seven foot catch basins, four fourteen foot catch basins and storm drains located
throughout the Zone. The Homeowners Association shall retain responsibility for the
maintenance of parkway landscape improvements along Edenbridge Road, but in the
event it is ever determined that said maintenance is inadequate, the City can take over the
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maintenance of these parkway improvements. The assessments for the cost of
maintaining these parkway improvements will be levied only if the City takes over
responsibility for the maintenance of these parkway improvements.
22. Moorpark Highlands, Tract 5045 Landscape maintenance costs associated with the
maintenance of slope, parkway and median landscape improvements along Spring Road.
Maintenance of all trails located throughout the District. The maintenance of three
detention basins and four debris basins. Drainage maintenance costs associated with the
maintenance of all storm drains and catch basins. Maintenance of all access roads. HOA
maintained landscape costs associated with the maintenance of slope landscape
improvements along "B" Street and "C" Street. Maintenance of parkway landscape
improvements along "A" Street. The Homeowners Association shall retain the
responsibility for the maintenance of these landscape improvements, but in the event it is
ever determined that said maintenance is inadequate, the City can take over the
maintenance of these landscape improvements. The assessments for the cost of
maintaining these landscape improvements will be levied only if the City takes over
responsibility for the maintenance of these landscape improvements.
24. 875 Los Angeles Ave, LA Ave & Goldman: Landscape maintenance costs associated
with the maintenance of parkway and site landscape improvements along Goldman
Avenue and Los Angeles Avenue. The Property Owner shall retain the responsibility for
the maintenance of the landscape improvements, but in the event it is ever determined that
said maintenance is inadequate, the City can take over the maintenance of the landscape
improvements. The assessments for the cost of maintaining the landscape improvements
will be levied only if the City takes over responsibility for the maintenance of the landscape
improvements.
25 Patriot Commerce Center, CPD2004-01: Landscape maintenance costs associated with
the maintenance of slope landscape improvements, right of way landscape improvements
and project frontage landscape improvements. Drainage maintenance costs associated
with the maintenance of a bio swale, storm drain system and five catch basins. The
Property Owner shall retain the responsibility for the maintenance of the landscape and
drainage improvements, but in the event it is ever determined that said maintenance is
inadequate, the City can take over the maintenance of the landscape and drainage
improvements. The assessments for the cost of maintaining the landscape and drainage
improvements will be levied only if the City takes over responsibility for the maintenance of
the landscape and drainage improvements.
26 14339-14349 White Sage Road, CPD 2004-03: Landscaping maintenance costs
associated with the maintenance of slope landscape improvements, right of way landscape
improvements and project frontage landscape improvements. Drainage maintenance
costs associated with the maintenance of storm drain pipes and stormwater filtration
systems. The Property Owner shall retain the responsibility for the maintenance of the
landscape and drainage improvements, but in the event it is ever determined that said
maintenance is inadequate, the City can take over the maintenance of the landscape and
drainage improvements. The assessments for the cost of maintaining the landscape and
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drainage improvements will be levied only if the City takes over responsibility for the
maintenance of the landscape and drainage improvements.
31 Tuscany Square, CPD 2005-02. Landscaping maintenance costs associated with the
maintenance of landscape improvements including but not limited to trees, shrubs, ground
cover, and irrigation systems located within or adjacent to the District along Los Angeles
Avenue, Moorpark Avenue and Park Crest Lane. Drainage maintenance costs associated
with the maintenance of storm drain pipes and stormwater filtration systems. The Property
Owner shall retain the responsibility for the maintenance of the landscape and drainage
improvements, but in the event it is ever determined that said maintenance is inadequate,
the City can take over the maintenance of the landscape and drainage improvements. The
assessments for the cost of maintaining the landscape and drainage improvements will be
levied only if the City takes over responsibility for the maintenance of the landscape and
drainage improvements.
32 145 Park Lane, CPD 2005-03: Landscaping maintenance costs associated with the
maintenance of landscape improvements including but not limited to trees, shrubs, ground
cover, and irrigation systems located within or adjacent to the District along Park Lane.
Drainage maintenance costs associated with the maintenance of storm drain pipes and
stormwater filtration systems. The Property Owner shall retain the responsibility for the
maintenance of the landscape and drainage improvements, but in the event it is ever
determined that said maintenance is inadequate, the City can take over the maintenance
of the landscape and drainage improvements. The assessments for the cost of maintaining
the landscape and drainage improvements will be levied only if the City takes over
responsibility for the maintenance of the landscape and drainage improvements.
ENGINEER'S REPORT AND CONTINUATION OF ASSESSMENTS
This Engineer's Report ("Report") was prepared to establish the budgets for the continued
capital improvement and services expenditures that would be funded by the proposed
2015-16 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").
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 21, 2015.
If the Council approves this Engineer's Report and the continuation of the 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.
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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 3, 2015. At this hearing, the
Council would consider approval of a resolution confirming the continuation of the
assessments for fiscal year 2015-16. 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 2015-16.
LEGISLATIVE ANALYSIS
PROPOSITION 218
AD84-2 assessments were formed prior to the passage of Proposition 218, The Right to
Vote on Taxes Act, which was approved by the voters of California on November 6, 1996,
and is now Article XIIIC and XIIID of the California Constitution. (Proposition 218 provides
for benefit assessments to be levied to fund the cost of providing services, improvements,
as well as maintenance and operation expenses to a public improvement which benefits
the assessed property. ) Although these assessments are consistent with Proposition 218,
the California judiciary has generally referred to pre-Proposition 218 assessments as
"grandfathered assessments" and held them to a lower standard than post Proposition 218
assessments. The other Assessments described in this Engineer's Report that were
formed after the passage of Proposition 218 are consistent with Proposition 218 and the
procedures and requirements established by Proposition 218 for new or increased
assessments.
SILICON VALLEY TAXPAYERS ASSOCIATION, INC. V SANTA CLARA COUNTY OPEN SPACE
AUTHORITY
In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley
Taxpayers Association, Inc. v. Santa Clara County Open Space Authority ("SVTA vs.
SCCOSA"). This ruling is the most significant court case in further legally clarifying the
substantive assessment requirements of Proposition 218. Several of the most important
elements of the ruling included further emphasis that:
• Benefit assessments are for special, not general, benefit
• The services and/or improvements funded by assessments must be clearly
defined
• Special benefits are directly received by and provide a direct advantage to
property in the assessment district
This Engineer's Report is consistent with the SVTA vs. SCCOSA decision and with the
requirements of Article 13C and 13D of the California Constitution based on the following
factors:
1. The Assessment District(s) are divided into narrowly drawn and separate
zones of benefit /Assessment Districts, and the assessment revenue derived
from real property in each zone / Assessment District is extended only on
specifically identified improvements and/or maintenance and servicing of
those improvements in that zone / Assessment District and other
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improvements in the Assessment District(s) that confer special benefits to
property in that zone/Assessment District.
1. The use of narrowly drawn zones of benefit and Assessment Districts ensures that
the improvements constructed and maintained with assessment proceeds are
located in close proximity to the real property subject to the assessment, and that
such improvements provide a direct advantage to the property in the zone /
Assessment District.
2. Due to their proximity to the assessed parcels, the improvements and
maintenance thereof financed with assessment revenues in each zone benefit /
Assessment District the properties in that zone / Assessment District in a manner
different in kind from the benefit that other parcels of real property in the
Assessment Districts derive from such improvements, and the benefits conferred
on such property in each zone/Assessment District are more extensive and direct
than a general increase in property values.
3. The assessments paid in each zone of benefit / Assessment District are
proportional to the special benefit that each parcel within that zone I Assessment
District receives from such improvements and the maintenance thereof because:
a. The specific improvements and maintenance and utility costs thereof in
each zone /Assessment District and the costs thereof are specified in this
Engineer's Report; and
b, Such improvement and maintenance costs in each zone / Assessment
District are allocated among different types of property located within each
zone of benefit/Assessment District, and equally among those properties
which have similar characteristics and receive similar special benefits.
DAHMS V.DOwNTOwN POMONA PROPERTY
On June 8, 2009, the 4th Court of Appeal amended its original opinion upholding a benefit
assessment for property in the downtown area of the City of Pomona. On July 22, 2009,
the California Supreme Court denied review. On this date, Dahms became good law and
binding precedent for assessments. In Dahms the Court upheld an assessment that was
100% special benefit (i.e. 0% general benefit) on the rationale that the services and
improvements funded by the assessments were directly provided to property in the
assessment district. The Court also upheld discounts and exemptions from the
assessment for certain properties.
BONANDER V.TOWN OF TIBURON
On December 31, 2009, the 1St District Court of Appeal overturned a benefit assessment
approved by property owners to pay for placing overhead utility lines underground in an
area of the Town of Tiburon. The Court invalidated the assessments on the grounds that
the assessments had been apportioned to assessed property based on in part on relative
costs within sub-areas of the assessment district instead of proportional special benefits.
BEUTZ V.COUNTY OF RNERSIDE
On May 26, 2010 the 4th District Court of Appeals issued a decision on the Steven Beutz
v. County of Riverside ("Beutz") appeal. This decision overturned an assessment for park
maintenance in Wildomar, California, primarily because the general benefits associated
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with improvements and services was not explicitly calculated, quantified and separated
from the special benefits.
GOLDEN HILL NEIGHBORHOOD ASSOCIATION V.CITY OF SAN DIEGO
On September 22, 2011, the San Diego Court of Appeal issued a decision on the Golden
Hill Neighborhood Association v. City of San Diego appeal. This decision overturned an
assessment for street and landscaping maintenance in the Greater Golden Hill
neighborhood of San Diego, California. The court described two primary reasons for its
decision. First, like in Beutz, the court found the general benefits associated with services
were not explicitly calculated, quantified and separated from the special benefits. Second,
the court found that the City of San Diego had failed to record the basis for the assessment
on its own parcels.
COMPLIANCE WITH CURRENT LAW
This Engineer's Report is consistent with the requirements of Article XIIIC and XIIID of the
California Constitution and with the SVTA decision because the improvements to be
funded are clearly defined; the improvements are directly available to and will directly
benefit property in the Assessment Districts; and the improvements provide a direct
advantage to property in the Assessment Districts that would not be received in absence of
the Assessments.
This Engineer's Report is consistent with Buetz, Dahms and Greater Golden Hill because,
the improvements will directly benefit property in the Assessment Districts and the general
benefits have been explicitly calculated and quantified and excluded from the
Assessments. The Engineer's Report is consistent with Bonander because the
Assessments have been apportioned based on the overall cost of the improvements and
proportional special benefit to each property.
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LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS SCIConsultingGroup
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PLANS& SPECIFICATIONS
The work and improvements (the "Improvements") are 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, and incidental expenses,
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.
Incidental expenses include all of the following: (a) The costs of preparation of the report,
including plans, specifications, estimates, diagram, and assessment; (b) the costs of
printing, advertising, and the giving of published, posted, and mailed notices; (c)
compensation payable to the County for collection of assessments; (d) compensation of
any engineer or attorney employed to render services in proceedings pursuant to this part;
(e) any other expenses incidental to the construction, installation, or maintenance and
servicing of the Improvements; (f) any expenses incidental to the issuance of bonds or
notes pursuant to Streets & Highways Code Section 22662.5; and (g) costs associated
with any elections held for the approval of a new or increased assessment. (Streets &
Highways Code §22526).
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The assessment proceeds will be exclusively used for Improvements within the
Assessment Districts plus Incidental expenses. Reference is made to the Improvement
plans, which are on file with the Department of Public Works of the City of Moorpark.
CITY OF MOORPARK
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS SC IConsultingGroup
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PAGE 15
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 Engineers 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 one(1)year 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.
GAY OF MOORPARK
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS SC IConsu ItingGroup
ENGINEER'S REPORT,FY 2015-16
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METHOD OF APPORTIONMENT
METHOD OF APPORTIONMENT
This section of the Engineer's Report explains the special and general 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.
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. 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 and that the value of
the special benefits must reasonably exceed the cost of the assessment:
"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 summarized as follows:
A. Proximity to Improved Landscaped Areas and Other Public Improvements
within the Assessment Districts.
B. Access to Improved landscaped areas and Other Public Improvements within
the Assessment Districts.
CRY OF MOORPARK
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS SCIConsultingGroup
ENGINEER'S REPORT,FY2015-16
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PAGE 17
C. Improved Views within the Assessment Districts.
D. Extension of a property's outdoor areas and green spaces for properties within
close proximity to the Improvements.
E. Creation of individual lots for residential and commercial use that, in absence
of the assessments, would not have been created.
F. Drainage of water and runoff from property in the District
G. Protection from flooding and standing water due to the improved drainage
systems
In this case, the recent the SVTA v. SCCOSA decision provides enhanced clarity to the
definitions of special benefits to properties in three distinct areas:
• Proximity
• Expanded or improved access
• Views
The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or
improvement that provides a direct advantage to a parcel and that indirect or derivative
advantages resulting from the overall public benefits from a service or improvement are
general benefits. The SVTA v. SCCOSA decision also provides specific guidance that
park improvements are a direct advantage and special benefit to property that is proximate
to a park that is improved by an assessment:
The characterization of a benefit may depend on whether the parcel
receives a direct advantage from the improvement (e.g. proximity to a
park) or receives an indirect, derivative advantage resulting from the
overall public benefits of the improvement (e.g. general enhancement of
the district's property values).
Proximity, improved access and views, in addition to the other special benefits listed above
further strengthen the basis of these assessments.
GENERAL VERSUS SPECIAL BENEFIT
The Assessments allow the City to provide permanent public Improvements within its
boundaries at a much higher level than what otherwise would be provided in absence of
the Assessments. Moreover, in absence of the Assessments, the Improvements would not
be provided because the City does not have alternative available funds to provide the
Improvements.
All of the Assessment proceeds derived from the Assessment Districts will be utilized to
fund the cost of providing a level of tangible "special benefits" in the form of landscaped
parkways, landscaped medians, landscaped corridors, lights, signs, trail systems, drainage
facilities, other Improvements and costs incidental to providing the Improvements and
collecting the Assessments. The Assessments are also structured to provide specific
Improvements within each Zone of Benefit and / or Assessment District, further ensuring
CITY OF MOORPARK
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS SC IConsu ItingGroup
ENGINEER'S REPORT,FY 2015-16 _
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that the Improvements funded by the Assessments are of specific and special benefit to
property within each Zone of Benefit and /or Assessment District.
Although these Improvements may be available to the general public at large, the
permanent public Improvements in the Assessment Districts were specifically designed,
located and created to provide additional and improved public resources for the direct
advantage of property inside the Assessment Districts, and not the public at large. Other
properties that are either outside the Assessment Districts or within the Assessment
Districts and not assessed, do not enjoy the unique proximity, access, views and other
special benefit factors described previously. Moreover, many of the homes in the
Assessment Districts would not have been built if the Assessments were not established
because an assessment for the Improvements was a condition of development approval.
In summary, real property located within the boundaries of the Assessment Districts
distinctly and directly benefits from closer proximity, access and views of Improvements
funded by the Assessments, the creation of developable parcels, the extension of usable
land area provided by the Assessments and other special benefits. The Improvements are
specifically designed to serve local properties in each Assessment District, not other
properties or the public at large. The Assessment Districts have been narrowly drawn to
include those parcels that receive a direct advantage from the Improvements. The public
at large and other properties outside the Assessment Districts receive only limited benefits
from the Improvements because they do not have proximity, good access or views of the
Improvements. These are special benefits to property in the Assessment Districts in much
the same way that sewer and water facilities, sidewalks and paved streets enhance the
utility and desirability of property and make them more functional to use, safer and easier
to access.
Without the Assessments, the public improvements within the Assessment Districts would
not be maintained and would turn into brown, unmaintained and unusable public
improvements and public lands. If this happened, it would create a significant and material
negative impact on the desirability, utility and value of property in the Assessment Districts.
The Improvements are, therefore, clearly above what otherwise would be provided. In fact,
it is reasonable to assume that if Assessments were not collected and the Improvements
were not maintained as a result, properties in the Assessment Districts would decline in
desirability, utility and value by significantly more than the amount of the Assessment. We
therefore conclude that all the landscaping Improvements funded by the Assessment are
of special benefit to the identified benefiting properties located within the Assessment
Districts and that the value of the special benefits from such Improvements to property in
the Assessment Districts reasonably exceeds the cost of the Assessments for every
assessed parcel in the Assessment Districts. (In other words, as required by Proposition
218: the reasonable cost of the proportional special benefit conferred on each parcel
reasonably exceeds the cost of the assessments.)
QUANTIFICATION OF GENERAL BENEFIT
Although the analysis used to support these Assessments concludes that the benefits are
solely special, as described above, consideration is made for the suggestion that a portion
CITY OF MOORPARK
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS SC IConsultingGroup
ENGINEER'S REPORT,FY 2015-16
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PAGE 19
of the benefits are general. General benefits cannot be funded by these assessments -the
funding must come from other sources.
The maintenance and servicing of these Improvements is also partially funded, directly and
indirectly from other sources including City of Moorpark, the County of Ventura and the
State of California. This funding comes in the form of grants, development fees, special
programs, and general funds, as well as direct maintenance and servicing of facilities (e.g.
curbs, gutters, streets, drainage systems, etc.) This funding from other sources more than
compensates for general benefits, if any, received by the properties within the
Assessments Districts.
In the 2009 Dahms case, the court upheld an assessment that was 100% special benefit
on the rationale that the services funded by the assessments were directly provided within
the assessment district. It is also important to note that the improvements and services
funded by the assessments in Pomona are similar to the improvements and services
funded by the Assessments described in this Engineer's Report and the Court found these
improvements and services to be 100% special benefit. Also similar to the assessments in
Pomona, the Assessments described in this Engineer's Report fund improvements and
services directly provided within the Assessment Districts and every benefiting property in
the Assessment Districts enjoys proximity and access to the Improvements. Therefore,
Dahms establishes a basis for minimal or zero general benefits from the Assessments.
The General Benefits from these Assessments may be quantified as illustrated in the
following table.
Relative
Relative General Benefit General
Benefit Factor Weight Contribution Benefit
Creation of parcels 90 0% 0
Extension of recreation area 2 10% 0.2
Proximity to improved parks and recreational facilities 2 10% 0.2
Access to improved parks,open space and recreational areas 2 10% 0.2
Improved views 2 10% 0.2
Improved nighttime visibility and safety from streetlights 2 20% 0.4
100 1.2
Total Calculated General Benefit= 1.2%
As a result, the City will contribute at least 1.2% of the total budget from sources other than
the Assessments. This contribution offsets any general benefits from the Improvements.
This general benefit contribution is the sum of the following components:
The City and / or Homeowners Association owns, maintains, rehabilitates and replaces
curb and gutter along the border of the Assessment Districts Improvements. This curb and
gutter serves to support, contain, retain, manage irrigation flow and growth, and provide a
boundary for the improvements. The contribution from the City and / or Homeowners
CITY of MOORPARK
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS SCIConsultingGroup
ENGINEERS REPORT,FY 2015-16 -
53
PAGE 20
Association towards general benefit from the maintenance, rehabilitation and replacement
of the curb and gutter is conservatively estimated to be 1%.
The City and /or Homeowners Association owns and maintains local public streets along
the border of the Assessment District Improvements. These public streets provide access
to the Improvements for its enjoyment as well as efficient maintenance. The contribution
from the City and / or Homeowners Association towards general benefit from the
maintenance of local public streets is conservatively estimated to be 1%.
The value of the construction of the Improvements can be quantified and monetized as an
annuity. Since this construction was performed and paid for by non-assessment funds,
this "annuity' can be used to offset general benefit costs, and is conservatively estimated
to contribute 25%.
Therefore the total General Benefit is conservatively quantified at 1.2% which is more than
offset by the total non-assessment contribution towards general benefit of 27%.
CITY OF MOORPARK
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS SC IConsultingGroup
ENGINEER'S REPORT,FY 2015-16
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PAGE 21
METHOD OF ASSESSMENT
The next 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.
ASSESSMENT APPORTIONMENT
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.
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.
CITY OF MOORPARK
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS SCIConsultingGroup
ENGINEER'S REPORT,FY 2015-16
55
PAGE 22
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.
ASSESSMENT APPORTIONMENT BY AD84-2 ZONE/AND LLD
ZONE 1
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 assessment is $129.37. The
obligation upon these lots is pursuant to a condition of development.
ZONE 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 are pursuant to a condition of development.
ZONE 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.
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ZONE 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.
ZONE 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.
ZONE 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 Street.
The additional per lot assessment is $42.00. The obligation upon these lots is pursuant to
a condition of development.
ZONE 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.
ZONE 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.
ZONE 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.
ZONE 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
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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 $642.57 per acre [118.81 ac x 8EDU/ac = 95 EDU >> x $76.55/EDU =
$7,272.25/ 11.23 ac = $642.57]. 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.
Zone 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 assessment is $337.78. It has been determined that the projected year-end fund
balance will exceed one (1) year 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 2015-16 is $168.89.
Zone 12
The maintenance costs for Zone 12 are allocated to the approved ultimate land uses within
Zone 12 as follows:
Improvement Commflnd. institutional Residential
ience Drive Parkways& Medians 25% 75%
Science Drive 9ope Easements 100%
Tierra Rejada Rd. Parkways& 9opes 100%
Tierra Rejada Median 0% 0% 0%
3Dring Road Parkway 34% 66%
Spring Road Slope Wasements 100%
Spring Road Median 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
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("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. As the amount of the annual increase in the Los Angeles Area Consumer
Price Index from December 2013 to December 2014 is 0.72% the maximum levy rate for
fiscal year 2015-16 is 0.72% above the maximum levy rate for fiscal year 2014-15.
Including the authorized annual adjustment, the maximum authorized assessment rates for
fiscal year 2015-16 for each land use category are as follows:
• Commercial/Industrial: $200.87/ac
• Institutional $1,809.21 /ac
• Residential $555.01 /Lot or EDU
It has been determined that the projected year-end fund balance will exceed one (1) year
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 rates to be levied for fiscal year 2015-16 are:
• Commercial/Industrial: $150.00/ac
• Institutional $1,350.00/ac
• Residential $425.00/Lot or EDU
DISTRICT 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 maximum authorized assessment rate is $163.44. This district is subject to an
annual maximum authorized rate increase including the authorized CPI adjustment based
upon the change in the CPI.
DISTRICT 15
216 residential lots and two golf course parcels within Tract 4928 are assessed an
additional landscape maintenance assessment for the maintenance of trails and parkway
and median landscaping within and adjacent to 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 maximum authorized assessment rate for fiscal year 2015-16 is
$1,971.58. 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 one (1) year of estimated program
costs for this district if the maximum authorized assessment is levied. The amount of
the approved assessment which shall be "levied" upon the properties in this district shall
be reduced to an amount which is estimated to not cause the year-end balance to exceed
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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 2015-16 is $200.00.
DISTRICT 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 2015-16 is $476.28. 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 one (1) year of estimated program costs for
this district if the maximum authorized assessment is levied. The amount of the approved
assessment which shall be "levied" upon the properties in this district 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 2015-16 is$60.00.
DISTRICT 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 2015-
16 is $1,002.66. This district is subject to an annual maximum authorized rate increase
including the authorized CPI adjustment based upon the change in the CPI. Beginning
fiscal year 2008-09 the drainage maintenance of the bio-swales has been eliminated. The
elimination of the drainage maintenance results in a $5,000 reduction in drainage
maintenance costs; causing the proposed assessment levy to be reduced. The proposed
rate to be levied for fiscal year 2015-16 is$300.00.
DISTRICT 19
Parcels within Tract 5264 are assessed an additional landscape maintenance assessment
for maintenance of medians and islands on Collins Drive and the Campus Park Drive
median along the frontage of the property. The additional per acre maximum authorized
assessment rate for fiscal year 2015-16 is $2,406.43. Parcels in Tract 5264 are also
subject to an additional landscape maintenance assessment for maintenance of parkway
landscaping along the Campus Park Drive and Collins Drive. 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 assessment 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. The additional per acre maximum authorized
assessment rate for fiscal year 2015-16 including parkway landscaping is $9,089.92. 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 one (1) year of estimated program costs for
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this district if the maximum authorized assessment is levied. The amount of the approved
assessment which shall be "levied" upon the properties in this district shall be reduced to
an amount which is estimated to not cause the year-end balance to exceed said limit. The
proposed rate to be levied for fiscal year 2015-16 is$0.00.
DISTRICT 20
Parcels within Tract 5187 are assessed an additional landscape maintenance assessment
for maintenance of trails, slope, parkway and median landscape improvements located
throughout and adjacent to the District. In addition parcels within Tract 5187 are also
subject to an additional assessment for maintenance of bio-swales, detention basins and
storm drains. The developer has not turned over these improvements to the City and the
property owners remain responsible for the maintenance. The assessment will be levied
only if the City accepts the responsibility for the maintenance of these improvements. The
additional per lot maximum authorized assessment rate for fiscal year 2015-16 is
$2,524.19. 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 one (1) year of estimated
program costs for this district if the maximum authorized assessment is levied.
The amount of the approved assessment which shall be "levied" upon the properties in this
district shall be reduced to an amount which is estimated to not cause the year-end
balance to exceed said limit. The proposed rate to be levied for fiscal year 2015-16 is
$0.00.
DISTRICT 21
Parcels within Tract 5133 are assessed an additional landscape maintenance assessment
for maintenance of parkway landscaping along Los Angeles Avenue frontage and Millard
Street western perimeter. In addition parcels within Tract 5133 are also subject to an
additional assessment for maintenance of drainage improvements including the
maintenance of filtration systems, six seven foot catch basins, two fourteen foot catch
basins and storm drains located throughout the District. The additional per lot maximum
authorized assessment rate for fiscal year 2015-16 is $424.96. Parcels in Tract 5133 are
also subject to an additional drainage maintenance assessment for the maintenance of
drainage improvements including front yard grass swales (for 77 lots), catch basin near the
northwest corner of the tract, six twelve inch pad catch basins and pad PVC drains. The
Homeowners Association shall retain the responsibility for the maintenance of these
drainage improvements, but in the event it is ever determined that said maintenance is
inadequate, the City can take over the maintenance of these drainage improvements. The
assessments for the cost of maintaining these drainage improvements will be levied only if
the City takes over responsibility for the maintenance of these drainage improvements.
The additional per lot maximum authorized assessment rate for fiscal year 2015-16
including HOA maintained drainage improvements is $488.14. 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 one (1) year of estimated program costs for this district if the maximum
authorized assessment is levied. The amount of the approved assessment which shall be
"levied" upon the properties in this district shall be reduced to an amount which is
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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 2015-16 is $45.00.
DISTRICT 21 ZONE B
Parcels with Tract 5425 are assessed an additional assessment associated with the
maintenance of parkway landscape improvements along Los Angeles Avenue frontage. In
addition parcels within Tract 5425 are also subject to an additional assessment for
maintenance of drainage improvements located throughout the Zone. The additional per
lot maximum authorized assessment rate for fiscal year 2015-16 is $110.56. Parcels in
Tract 5425 are also subject to an additional landscape maintenance assessment for the
maintenance of parkway landscape improvements along Edenbridge Road. The
Homeowners Association shall retain the responsibility for the maintenance of these
landscape improvements, but in the event it is ever determined that said maintenance is
inadequate, the City can take over the maintenance of these landscape improvements.
The assessments for the cost of maintaining these landscape improvements will be levied
only if the City takes over responsibility for the maintenance of these landscape
improvements. The additional per lot maximum authorized assessment rate for fiscal year
2015-16 including HOA maintained landscape improvements is $158.91.
DISTRICT 22
Parcels within Tract 5045 are assessed an additional assessment associated with the
maintenance of slope, parkway and median landscape improvements along Spring Road.
Maintenance of trails located throughout the District. In addition parcels within Tract 5045
are also subject to an additional assessment for maintenance of drainage improvements.
The additional per lot maximum authorized assessment rate for fiscal year 2015-16 is
$3,149.28. Parcels in Tract 5045 are also subject to an additional landscape maintenance
assessment for the maintenance of slope landscape improvements along "B" Street and
"C" Street and maintenance of parkway landscape improvements along "A" Street. The
Homeowners Association shall retain the responsibility for the maintenance of these
landscape improvements, but in the event it is ever determined that said maintenance is
inadequate, the City can take over the maintenance of these landscape improvements.
The assessments for the cost of maintaining these landscape improvements will be levied
only if the City takes over responsibility for the maintenance of these landscape
improvements. The additional per lot maximum authorized assessment rate for fiscal year
2015-16 including HOA maintained landscape improvements is $3,452.53. It has been
determined that the projected year-end fund balance will exceed one (1) year of estimated
program costs for this district if the maximum authorized assessment is levied.
The amount of the approved assessment which shall be "levied" upon the properties in this
district 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 2015-16
is $1,275.00. This district is subject to an annual maximum authorized rate increase
including the authorized CPI adjustment based upon the change in the CPI.
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DISTRICT 24
Parcels within IPD 2000-10 are subject to an additional landscape maintenance
assessment associated with the maintenance of parkway and site landscape
improvements along Goldman Avenue and Los Angeles Avenue. The Property Owner
shall retain the responsibility for the maintenance of the landscape improvements, but in
the event it is ever determined that said maintenance is inadequate, the City can take over
the maintenance of the landscape improvements. The assessments for the cost of
maintaining the landscape improvements will be levied only if the City takes over
responsibility for the maintenance of the landscape improvements. The additional per acre
maximum authorized assessment rate for fiscal year 2015-16 is $224.69. The additional
per acre maximum authorized assessment rate for fiscal year 2015-16 including Property
Owner maintained landscape and drainage improvements is $10,001.76. 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 one (1) year of estimated program costs for this district
if the maximum authorized assessment is levied. The amount of the approved assessment
which shall be "levied" upon the properties in this district shall be reduced to an amount
which is estimated to not cause the year-end balance to exceed said limit. The proposed
rate to be levied for fiscal year 2015-16 is$0.00.
DISTRICT 25
Parcels within CPD 2004-01 are subject to an additional landscape maintenance
assessment associated with the maintenance of slope landscape improvements, right of
way landscape improvements and project frontage landscape improvements. Drainage
maintenance costs associated with the maintenance of a bio swale, storm drain system
and five catch basins. The Property Owner shall retain the responsibility for the
maintenance of the landscape and drainage improvements, but in the event it is ever
determined that said maintenance is inadequate, the City can take over the maintenance
of the landscape and drainage improvements. The assessments for the cost of maintaining
the landscape and drainage improvements will be levied only if the City takes over
responsibility for the maintenance of the landscape and drainage improvements. The
additional per acre maximum authorized assessment rate for fiscal year 2015-16 is
$100.98. The additional per acre maximum authorized assessment rate for fiscal year
2015-16 including Property Owner maintained landscape improvements is $4,546.28. 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 one (1) year of estimated program costs for
this district if the maximum authorized assessment is levied. The amount of the approved
assessment which shall be "levied" upon the properties in this district shall be reduced to
an amount which is estimated to not cause the year-end balance to exceed said limit. The
proposed rate to be levied for fiscal year 2015-16 is $0.00.
DISTRICT 26
Parcels within CPD 2004-03 are subject to an additional landscape maintenance
assessment associated with the maintenance of slope landscape improvements, right of
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way landscape improvements and project frontage landscape improvements. Drainage
maintenance costs associated with the maintenance of storm drain pipes and stormwater
filtration systems. The Property Owner shall retain the responsibility for the maintenance of
the landscape and drainage improvements, but in the event it is ever determined that said
maintenance is inadequate, the City can take over the maintenance of the landscape and
drainage improvements. The assessments for the cost of maintaining the landscape and
drainage improvements will be levied only if the City takes over responsibility for the
maintenance of the landscape and drainage improvements. The additional per acre
maximum authorized assessment rate for fiscal year 2015-16 is $65.93. The additional
per acre maximum authorized assessment rate for fiscal year 2015-16 including Property
Owner maintained improvements is $4,853.50. 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 one (1) year of estimated program costs for this district if the maximum
authorized assessment is levied. The amount of the approved assessment which shall be
"levied" upon the properties in this district shall be reduced to an amount which is
estimated to not cause the year-end balance to exceed said limit. The proposed rate to be
levied for fiscal year 2015-16 is $0.00.
DISTRICT 31
Parcels within CPD 2005-02 are subject to an additional landscape maintenance
assessment associated with the maintenance of including but not limited to trees, shrubs,
ground cover, and irrigation systems located within or adjacent to the District along Los
Angeles Avenue, Moorpark Avenue and Park Crest Lane. Drainage maintenance costs
associated with the maintenance of storm drain pipes and stormwater filtration systems.
The Property Owner shall retain the responsibility for the maintenance of the
improvements, but in the event it is ever determined that said maintenance is inadequate,
the City can take over the maintenance of the improvements. The assessments for the
cost of maintaining the landscape and drainage improvements will be levied only if the City
takes over responsibility for the maintenance of the landscape and drainage
improvements. The additional per acre maximum authorized assessment rate for fiscal
year 2015-16 is $77.21. The additional per acre maximum authorized assessment rate for
fiscal year 2015-16 including Property Owner maintained improvements is $5,938.77. 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 one (1) year of estimated program costs for
this district if the maximum authorized assessment is levied. The amount of the approved
assessment which shall be "levied" upon the properties in this district shall be reduced to
an amount which is estimated to not cause the year-end balance to exceed said limit. The
proposed rate to be levied for fiscal year 2015-16 is$0.00.
DISTRICT 32
Parcels within CPD 2005-03 are subject to an additional landscape maintenance
assessment associated with the maintenance of including but not limited to trees, shrubs,
ground cover, and irrigation systems located within or adjacent to the District along Park
Lane. Drainage maintenance costs associated with the maintenance of storm drain pipes
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and stormwater filtration systems. The Property Owner shall retain the responsibility for the
maintenance of the improvements, but in the event it is ever determined that said
maintenance is inadequate, the City can take over the maintenance of the improvements.
The assessments for the cost of maintaining the landscape and drainage improvements
will be levied only if the City takes over responsibility for the maintenance of the landscape
and drainage improvements. The additional per acre maximum authorized assessment
rate for fiscal year 2015-16 is $537.53. The additional per acre maximum authorized
assessment rate for fiscal year 2015-16 including Property Owner maintained
improvements is $10,252.03. 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 one (1) year of
estimated program costs for this district if the maximum authorized assessment is levied.
The amount of the approved assessment which shall be "levied" upon the properties in this
district shall be reduced to an amount which is estimated to not cause the year-end
balance to exceed said limit. The proposed rate to be levied for fiscal year 2015-16 is
$0.00.
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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 5.20 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 Warehousing 4 83.40 4 68.94
33 Industrial Condos, Co-ops, PUD's 5 104.26 3 51.70
38 Mineral Processing 3 62.56 3 51.70
44 Truck Crops 1 20.84 2 34.48
46 Pasture(Permanent) 1 20.84 2 34.48
48 Poultry 1 20.84 2 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, Consent, 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
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DURATION OF ASSESSMENT
It is proposed that the Assessment be levied the first year and continued every year
thereafter, so long as the maintenance and improvement of landscapes and street lighting
services in the City of Moorpark requires funding from the assessments for its
Improvements in the Assessment Districts. As noted previously, the Assessment can
continue be levied annually after the City of Moorpark City Council approves an annually
updated Engineer's Report, budget for the assessment, Improvements to be provided, and
other specifics of the assessment. In addition, the City Council must hold an annual public
hearing to continue the assessment.
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 Finance 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 Finance
Director or his or her designee will promptly review the appeal and any information
provided by the property owner. If the Finance 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 Finance 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 Finance 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.
CITY OF MOORPARK
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS SC IConsu ItingGroup
ENGINEER'S REPORT,FY 2015-16
67
PAGE 34
ASSESSMENT
WHEREAS, on January 21st, 2015 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, 2015 and ending June 30, 2016, 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
2015-16 is generally as follows:
SUMMARY COST ESTIMATE
F.Y. 2015-16
Budget
Direct Cost $3,081,127
Contribution to/from reserve fund ($1,101,194)
NET AMOUNT TO ASSESSMENTS $1,979,933
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 SCIConsultingGroup
ENGINEER'S REPORT,FY 2015-16
68
PAGE 35
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
2015-16. 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 2015-16 for each parcel
or lot of land within the said Landscaping and Lighting Maintenance Assessment Districts.
Dated: April 20, 2015 Engineer of Work
_PROFESS/pN9
/-��O�N w eC/c90,
,L DD , C 52091 � m
‘7-----'--) i. 61,1/ ..,-
EXP.* * By
sTqF:v2-i3::\P John W. Bliss, License No. C052091
CITY OF MOORPARK "'' ��
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS SC IConsultingG roup
ENGINEER'S REPORT,FY 2015-16
69
PAGE 36
APPENDIX A-2015-16 ASSESSMENT ROLL
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.
CITY OF MOORPARK
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS SC I Cons u Iti ng G ro up
ENGINEER'S REPORT,FY 2015-16
70
PAGE 37
APPENDIX B -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.
CITY OF MOORPARK
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS SC1ConsultingGroup
ENGINEER'S REPORT,FY 2015-16
71
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