HomeMy WebLinkAboutAGENDA REPORT 2015 1007 CCSA REG ITEM 08A ITEM 8.A.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
MOORPARK CITY COUNCILof /o-o7-aoi5
AGENDA REPORT ACTION: � eas
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TO: Honorable City Council BY: yJy,
FROM: Dave Klotzle, City Engineer/Public Works Director !J�
DATE: September 25, 2015 (CC Meeting of 10/7/15)
SUBJECT: Consider Resolution Approving the Engineer's Report, Confirming
Diagram and Assessment, and Ordering Levy of Assessment for
Fiscal Year 2016/17 to Annex Tract 5463 (Toll Land XX LP) to
Landscaping and Lighting Maintenance Assessment District 01-02
DISCUSSION
Toll Land XX LP (Toll) is the developer of Tract 5463, generally located north of
Championship Drive and east of Grimes Canyon Road (see map in Attachment 1).
The conditions of approval for Tract 5463 require the developer to construct certain
trail, landscaping, drainage and storm water quality improvements within and/or
adjacent to Tract 5463. The conditions of approval also require that an assessment
district be formed to fund certain City maintenance costs for these improvements.
Toll CA LP was the developer of the existing residential community, Tract 4928, located
immediately to the south and east of Tract 5463. In June 2001, Landscaping and
Lighting Maintenance Assessment District 01-02 (AD 01-02) was formed to fund the
City maintenance costs for certain trail and landscaping improvements installed by Toll
CA LP during the development of Tract 4928. Rather than form a new assessment
district, staff has determined that the maintenance costs related to the trail,
landscaping, drainage and storm water quality improvements to be installed by Tract
5463 should be annexed to AD 01-02.
On September 16, 2015, the City Council adopted Resolution No. 2015-3437 initiating
proceedings to annex Tract 5463 into Assessment District AD 01-02. At the same
meeting, the City Council; 1) accepted and approved a Petition and Waiver from Toll
requesting the annexation of Tract 5463 into Assessment District AD 01-02, and 2)
adopted Resolution No. 2015-3438 of intent to annex Tract 5463 into AD 01-02,
preliminarily approve the Engineer's Report and provide notice of a public hearing on
October 7, 2015.
1
Honorable City Council
October 7, 2015
Page 2
The Landscaping and Lighting Act of 1972 (Streets and Highways Code) requires that a
public hearing be held prior to the formation of any new assessment district and the levy
of the assessments provided for by that new assessment district. In signing and
submitting the aforementioned Petition and Waiver, all affected property owners for this
assessment voluntarily waived their rights to notice, balloting and providing other
comment to the City, so no additional noticing is required.
The Engineer's Report (Attachment 1) for annexation of Tract 5463 into Assessment
District AD 01-02 that was preliminarily approved by City Council on September 16,
2015 has been updated and contains a description of the improvements to be
maintained, the method of apportionment and the amount of assessment. Properties
within the annexation area of Tract 5463 are referred to as Zone of Benefit "B," while
the properties within the original AD 01-02 of Tract 4928 are referred to as Zone of
Benefit "A." Each Zone of Benefit will fund the maintenance of improvements that
provide direct benefit to the properties within each Zone. The Zone B assessment
includes Tract 5463's proportionate share of the costs to maintain the existing trail and
landscaping improvements currently funded by the Zone A properties. The Zone B
assessment amount was lowered from the amount shown in the previous Engineer's
Report to reflect the amount of Zone A's proportionate share of the costs to maintain
the Tract 5463 trail. The Zone A assessment amount will be adjusted accordingly,
during the City's annual update of all assessment districts in mid-2016.
The amount of FY 2016/17 annual assessment for the City-maintained improvements in
Zone B was revised to be $3,260.30 per lot. The backup assessment amount was
revised to $16,846.12 per lot as established in the Engineer's Report for the large area
of HOA maintained improvements, but this amount will not be levied unless the HOA
fails to maintain their improvements and the City takes over the maintenance. The
Petition and Waiver has been revised to reflect the revised assessment amounts
(Attachment 2).
A City Council Resolution approving the Engineer's Report and ordering the annexation
of Toll Tract 5463 to Landscaping and Lighting Maintenance Assessment District 01-02,
and confirming the assessment amounts for Fiscal Year 2016/17 is required to proceed
with the annexation (Attachment 3).
FISCAL IMPACT
Toll has paid the required fee to cover all City and Assessment Engineer costs related
to the annexation to AD 01-02.
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Honorable City Council
October 7, 2015
Page 3
STAFF RECOMMENDATION Roll Call Vote
1. Open the public hearing, take public testimony and close the public hearing.
2. Accept and approve the revised Petition and Waiver from Toll (Attachment 2)
requesting the annexation of Tract 5463 into Assessment District AD 01-02.
3. Adopt Resolution No. 2015 - approving the Engineer's Report and ordering
the annexation of Toll Land XX LP Tract 5463 to Landscaping and Lighting
Maintenance Assessment District 01-02, and confirming the assessment amounts
for Fiscal Year 2016/17.
Attachments:
1 — Engineer's Report
2 — Petition and Waiver
3 — Resolution 2015 -
•
S:\Public Works\Everyone\Reports\Staff Reports\2015\October\10-7-2015(TR 5463 Approve Annexation to AD 01-02).docx 3
Attachment 1
CITY OF MOORPARK
ANNEXATION OF TENTATIVE TRACT MAP No. 5463
INTO CITY OF MOORPARK LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT No.AD01-02
(COUNTRY CLUB ESTATES)
FINAL ENGINEER'S REPORT
FISCAL YEAR 2016-17
SEPTEMBER 2015
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972
AND ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION
ENGINEER OF WORK:
SCIConsultingGroup
4745 MANGELS BOULEVARD
FAIRFIELD,CALIFORNIA 94534
PHONE 707.430.4300
FAX 707.430.4319
www.sci-cg.com
4
TABLE OF CONTENTS
INTRODUCTION - -- - - - - 1
OVERVIEW 1
LEGISLATIVE ANALYSIS 2
Proposition 218 2
Silicon Valley Taxpayers Association, Inc. v Santa Clara County Open Space
Authority 2
Dahms v. Downtown Pomona Property 2
Bonander v. Town of Tiburon 3
Beutz v. County of Riverside 3
Golden Hill Neighborhood Association v. City of San Diego 3
COMPLIANCE WITH CURRENT LAW 3
PLANS&SPECIFICATIONS - - - - - - 4
FISCAL YEAR 2016-17 ESTIMATE OF COST AND BUDGET 6
CAPITAL IMPROVEMENT RESERVE FUND 7
METHOD OF APPORTIONMENT 8
METHOD OF APPORTIONMENT 8
DISCUSSION OF BENEFIT - 8
GENERAL VERSUS SPECIAL BENEFIT 9
Quantification of General Benefit 17
ZONE OF BENEFIT 12
METHOD OF ASSESSMENT 12
ASSESSMENT APPORTIONMENT - 13
APPEALS AND INTERPRETATION 14
ASSESSMENT _ _ _ _ _ 15
ASSESSMENT DIAGRAM _ _ _ 17
2016-17 ASSESSMENT ROLL ... 18
APPENDIX A-MAINTENANCE RESPONSIBILITY MAP 19
CITY OF MOORPARK
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT No.AD 01-02 ANNEXATION S{'iConsultingGroup
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INTRODUCTION •
OVERVIEW
The City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD-
01-02 (the "District") was formed in 2001 to provide funding for maintenance of
landscaping improvements within and adjacent to the Tentative Tract 4928 located west of
Walnut Canyon Road at Championship Drive. It is now proposed that Tentative Tract
5463 be annexed into the District in order to provide funding for maintenance of
landscaping and drainage improvements within and adjacent to Tentative Tract 5463
located north of Championship Drive and east of Grimes Canyon Road (the "Annexation
Area"). This annexation results from agreements or conditions of development approval,
between the City of Moorpark and the developer of Tract 5463 whereby the City and
developer agreed on landscaping and storm water facilities to enhance public views and
resources and to improve the appeal of the community.
This Engineer's Report ("Report) was prepared to establish the budget for the services
and improvements that would be funded by the proposed 2016-17 assessments and to
determine the benefits received from the services and improvements by property within the
Annexation Area and the method of assessment apportionment to lots and parcels. This
Report and the proposed assessments have been made pursuant to the Landscaping and
Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code
(the"Act")and Article XIIID of the California Constitution (the"Article").
In lieu of a mailed ballot proceeding, the property owner has submitted a Petition and
Waiver to the Council for approval. In submitting this document to the City, the property
owner(1) unanimously agrees to the assessments and acknowledges the special benefits
received by the property in the Annexation Area; (2) requests that the property be annexed
into the District; and (3) waives all rights conferred by Proposition 218 with respect to the
approval of the new assessment by mailed ballot.
Following submittal of this Report and the property owner's Petition/Waiver to the City of
Moorpark City Council (the "Council") for preliminary approval, the Council, by Resolution,
may call for a Public Hearing on the proposed annexation. The public hearing must be
held for the purpose of allowing public testimony regarding the proposed assessments and
the services and improvements they would fund. This hearing is scheduled for October 7,
2015 at 7:00 p.m. At this hearing, the Council may take action to order the annexation
and to approve the levy of the assessments for fiscal year 2016-17. If the assessments
are so confirmed and approved, the levies would be submitted to the County
Auditor/Controller in July 2016 for inclusion on the property tax roll for Fiscal Year 2016-17.
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
CITY OF MOORPARK
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT NO.AD 01-02 ANNEXATION SCICorisultingGroup
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preliminarily approve the Engineer's Report and proposed assessments and establish the
date for a public hearing on the continuation of the assessments.
LEGISLATIVE ANALYSIS
PROPOSITION 218
This assessment is levied consistent with Proposition 218, The Right to Vote on Taxes Act,
which was approved by the voters of California on November 6, 1996, and is now codified
as Articles 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 specially
benefits the assessed property.
Proposition 218 describes a number of important requirements, including property-owner
balloting, for the imposition, increase and extension of assessments, and these
requirements are satisfied by the process used to establish this assessment.
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 benefits to property, not general benefits
• The services and/or improvements funded by assessments must be cleady
defined
• Assessment districts must be drawn to contain all parcels to receive a special
benefit from a proposed public improvement or service.
This Engineer's Report, and the process used to establish this proposed assessment for
2016-17 are consistent with the SVTA vs. SCCOSA decision. The assessments are for
special benefits only, the improvements are well-defined and the district boundary is well-
drawn and narrowly drawn.
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 on the rationale that the services and improvements funded by the
assessments were directly provided to property in the assessment district.
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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 RIVERSIDE
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
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 District; and the improvements provide a direct advantage to
property in the District that would not be received in absence of the Assessments.
This Engineer's Report is consistent with Buetz, Dahms and Greater Golden Hi//because,
the improvements will directly benefit property in the District 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.
•
CITY OF MOORPARK r.- --•
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT No.AD 01-02 ANNEXATION S'ClConsultingGroup
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PLANS&SPECIFICATIONS
The work and improvements proposed to be undertaken by the City of Moorpark
Landscaping and Lighting Maintenance Assessment District No. AD01-02 (the "District")
and the cost thereof paid from the levy of the annual assessment provide special benefit to
Assessor Parcels within the District as defined in the Method of Assessment herein.
Consistent with the Landscaping and Lighting Act of 1972, (the "Act") the work and
improvements are generally described as follows:
Within the District, the improvements to be maintained are generally described as the
maintenance and servicing of natural areas, trails, landscaping and storm water quality
facilities, an access road and all necessary appurtenances, and labor, materials, supplies,
utilities and equipment, as applicable, for property owned or maintained by the City of
Moorpark located in or adjacent to Tentative Tract 4928 located west of Walnut Canyon
Road at Championship Drive and Tentative Tract 5463 located north of Championship
Drive and east of Grimes Canyon Road. Any plans and specifications for these
improvements are on file with 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
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with any elections held for the approval of a new or increased assessment. (Streets &
Highways Code§22526).
The assessment proceeds will be exclusively used for Improvements within the Annexation
Area 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 -
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT NO.AD 01-02 ANNEXATION SCICOnsultingGroup
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FISCAL YEAR 2016-17 ESTIMATE OF COST AND BUDGET
Description of Improvements to be maintained:
City Maintained Improvements
The maintenance of improvements including but not limited to trails,detention basins and an access road.
Zone A Shared Improvements
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.
HOA Maintained Improvements
The maintenance of natural areas and landscape improvements located throughout the annexation area as
illustrated in the Maintenance Responsibility Map identified as HOA maintenance area located in Appendix A
of this Report.
The Property Owner 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 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.
Estimate of Cost FY 2016-17
Direct Costs(City Maintained Improvements)
Detention Basin Maintenance&Replacement $54,007
Trail Maintenance&Replacement(within Zone B) $1,198
Zone A Shared Improvements $87,926
Access Road Maintenance&Replacement $11,009
Total City Maintained Direct Costs $154,140
Contingency $7,396
Administrative Costs $1,479
Total City Maintained Costs $163,015
Total EDUs 50
Proposed FY 16-17 assessment rate $3,260.30
Back-up Assessment(HOA Maintained Improvements)
Landscape Maintenance&Replacement $422,031
Landscaped Natural Areas Maintenance $187,833
Contingency(10%) $60,986
Administrative Costs $8,441
Total HOA Maintained Costs $679,291
Total Assessment Budget $842,306
Total EDUs 50
Total Maximum Authorized FY 16-17 assessment rate $16,846.12
CITY OF MOORPARK
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT No.AD 01-02 ANNEXATION .&.-IConsultingGroup
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CAPITAL IMPROVEMENT RESERVE FUND
The District has a Capital Improvement Reserve Fund to provide funding for unforeseen
expenses (slope failures, etc.). The projected year-end balance for said Capital
Improvement Reserve Funds shall not exceed one (1) year of estimated program costs for
the District; and if and when it is determined that levying the maximum authorized
assessment for the District in any given year, would cause the Capital Improvement
Reserve Fund for the district to exceed said limit, then the amount of the approved
assessment which shall be "levied" upon the properties in the district, shall be reduced to
an amount which is estimated to not cause the Capital Improvement Reserve Fund year-
end balance to exceed said limit. In any event, the amount of the assessment shall
always remain unchanged. Any reduction to the amount actually levied upon the
property, shall not affect the maximum authorized assessment amount for that or any
future year. In the event the amount levied is less than the maximum authorized
assessment amount, the amount levied shall not be less than 10% of the maximum
authorized assessment.
CITY OF MOORPARK
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT No.AD 01-02 ANNEXATION SC SConsuitingGroup
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METHOD OF APPORTIONMENT
METHOD OF APPORTIONMENT
This section of the Engineer's Report includes an explanation of the benefits to be derived
from the maintenance and servicing landscaping and drainage facilities throughout the
Annexation Area, and the methodology used to apportion the total assessment to
properties within the Annexation Area.
The Annexation Area consists of all Assessor Parcels within the boundaries of Tentative
Tract 5463 as defined within the area of the boundary diagram included within this
Engineer's Report (see the Assessment Roll for a list of all the parcels included). 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 Annexation Area 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. Moreover, such
benefit is not based on any one property owner's use of the District's landscaping and
drainage improvements or a property owner's specific demographic status. With reference
to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act
of 1972 states:
"The net amount to be assessed upon lands within an assessment district may
be apportioned by any formula or method which fairly distributes the net
amount among all assessable lots or parcels in proportion to the estimated
benefits to be received by each such lot or parcel from the improvements."
Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed
that assessments must be based on the special benefit to property:
"No assessment shall be imposed on any parcel which exceeds the reasonable
cost of the proportional special benefit conferred on that parcel"
Benefit categories have been established that represent the types of special benefit to
residential, commercial, industrial and other lots and parcels resulting from the installation,
maintenance and servicing lighting and landscaping improvements to be provided with the
assessment proceeds. These categories of special benefit are summarized as follows:
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A. Proximity to Improved Landscaped Areas within the District.
B. Access to Improved landscaped areas within the District.
C. Improved Views within the District.
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 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 District will be utilized to fund the cost of
providing a level of tangible "special benefits" in the form of landscaped parkways and
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drainage facilities 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, further ensuring that the Improvements funded by the
Assessments are of specific and special benefit to property within each Zone of Benefit.
Although these Improvements may be available to the general public at large, the
permanent public Improvements in the District were specifically designed, located and
created to provide additional and improved public resources for the direct advantage of
property inside the District, and not the public at large. Other properties that are either
outside the District or within the District and not assessed, do not enjoy the unique
proximity, access, views and other special benefit factors described previously. Moreover,
the homes in the District 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 District 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 the District, not other properties or the
public at large. The District boundary has been narrowly drawn to include those parcels
that receive a direct advantage from the Improvements. The public at large and other
properties outside the District 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 District 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 District 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 District. 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 District 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 District and that the value of the
special benefits from such Improvements to property in the District reasonably exceeds the
cost of the Assessments for every assessed parcel in the District. (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.)
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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
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 District.
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 District and every benefiting property in the District
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 5 10% 0.5
Improved views 5 10% 0.5
100 1
Total Calculated General Benefit= 1.0%
In addition to the 1% general benefit calculated above, it can be argued that the 7 existing
single family lots (that are not within the Annexation Area) along the Fremont Street private
drive, receive general benefit. Therefore, to be more conservative, the total general
benefit is increased by 7% (7/7+ 99)to a total general benefit calculation of 8%.
CITY OF MOORPARK
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT No.AD 01-02 ANNEXATION SC IConsultingGroup
ENGINEER'S REPORT,FY 2016-17
16
PAGE 12
As a result,the City will contribute at least 8.0% 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 District 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 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 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 8.0% Which is more
than offset by the total non-assessment contribution towards general benefit of 27%.
ZONE OF BENEFIT
Properties in the Annexation Area, Tentative Tract 5463 located north of Championship
Drive and east of Grimes Canyon Road shall be referred to as Zone of Benefit B or Zone
B. All other properties Within the District, Tentative Tract 4928 are classified into Zone of
Benefit A or Zone A. Properties in each Zone of Benefit are funding annual maintenance
of specific improvements that were required as a condition of development approval. Each
Zone of Benefit is funding improvements that provide direct benefit to property in each
Zone.
In the District, the advantage that each parcel receives from the Improvements is direct,
and the boundaries are narrowly drawn to include only parcels that benefit from the
assessment. Therefore, the even spread of assessment throughout each narrowly drawn
Zone of Benefit is indeed consistent with the SVTA vs. SCCOSA decision and satisfies the
"direct relationship to the'locality of the improvement.'"standard.
METHOD OF ASSESSMENT
The second step in apportioning assessments is to determine the relative special benefit
for each property. This process involves determining the relative benefit received by each
property in relation to a single family home, or, in other words, on the basis of Single
CITY OF MOORPARK
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT No.AD 01-02 ANNEXATION SCiConsultingGroup
ENGINEER'S REPORT,FY 2016-17
17
PAGE 13
Family Equivalents (SFE). This SFE methodology is commonly used to distribute
assessments in proportion to estimated special benefit and is generally recognized as
providing the basis for a fair and appropriate distribution of assessments. For the
purposes of this Engineer's Report, all properties are designated a SFE value, which is
each property's relative benefit in relation to a single family home on one parcel. In this
case, the "benchmark" property is the single family dwelling, including attached or
detached condominium units or which is one Single Family Equivalent or one SFE.
ASSESSMENT APPORTIONMENT
The proposed assessments for the District would provide direct and special benefit to
properties in this District. The properties within Tract 5463 consist of 50 single family
homes that are proposed for development, each of which receives similar benefit from the
proposed improvements. Therefore, the Engineer has determined that the appropriate
method of apportionment of the benefits derived by all parcels is on a SFE basis.
All properties that are specially benefited are assessed. Public right-of-way parcels, well,
reservoir or other water rights parcels, limited access open space parcels, watershed
parcels and common area parcels typically do not generate employees, residents,
customers or guests. Moreover, many of these parcels have limited economic value and,
therefore, do not benefit from specific enhancement of property value. Such parcels are,
therefore, not specially benefited and are not assessed.
In the event that the annual assessment from a previous fiscal year for property in District
is delinquent and uncollected, the budget for the new fiscal year may be increased by the
amount of delinquent assessment, and the total budget, including the delinquent
assessments, may be allocated to all other non-delinquent. Any increase in the
assessment on other properties in District resulting from such delinquent assessments, or
the annual CPI adjustment, will be considered authorized increases in the assessment and
shall not require additional approval by property owners through a mailed assessment
ballot proceeding, pursuant to Article XIIID of the California Constitution.
The assessment is subject to an annual adjustment tied to the Consumer Price Index for
all Urban Consumers for the Los Angeles Area as of December of each succeeding year
(the CPI). In the event that the actual assessment rate for any given year is not increased
by an amount equal to the CPI change, any such deferred assessment increase may be
added to the total amount assessed in any subsequent year. In such event, the maximum
authorized assessment amount shall be equal to the base year assessment as adjusted by
the increase to the CPI, plus any and all CPI adjustments deferred in any and all prior
years. In addition, the annual adjustment may be increased due to delinquent
assessments on property in the District as specified above. Including the authorized
annual adjustment, the maximum fiscal year 2016-17 assessment rate per equivalent
dwelling unit for property in the Annexation Area, Zone B is $16,846.12. The proposed
fiscal year 2016-17 assessment rate per equivalent dwelling unit for property in the
Annexation Area, Zone B is$3,260.30.
CITY OF MOORPARK
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT NO.AD 01-02 ANNEXATION SCIConsultingGroup
ENGINEER'S REPORT,FY 2016-17
18
PAGE 14
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 d-=
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT NO.AD 01-02 ANNEXATION SCConsultingGroup
ENGINEER'S REPORT,FY 2016-17
19
PAGE 15
ASSESSMENT
WHEREAS, the City Council of the City of Moorpark, County of Ventura,
California, pursuant to the provisions of the Landscaping and Lighting Act of 1972 and
Article XIIID of the California Constitution (collectively "the Act"), adopted its Resolution
Initiating Proceedings to Annex Tract 5463 into the City of Moorpark Landscaping and
Lighting Maintenance Assessment District No. AD01-02;
WHEREAS, said Resolution directed the undersigned Engineer of Work to
prepare and file a report presenting an estimate of costs, a diagram for the assessment
district and an assessment of the estimated costs of the improvements upon all
assessable parcels within the assessment district, to which Resolution and the description
of said proposed improvements therein contained, reference is hereby made for further
particulars;
NOW, THEREFORE, the undersigned, by virtue of the power vested in me under
said Act and the order of the City Council of said City of Moorpark, hereby make the
following assessment to cover the portion of the estimated cost of said improvements, and
the costs and expenses incidental thereto to be paid by the assessment district.
The amount to be paid for said improvements and the expense incidental thereto,
to be paid by the City of Moorpark Landscaping and Lighting Maintenance Assessment
District No.AD01-02, Zone B for the fiscal year 2016-17 is generally as follows:
SUMMARY COST ESTIMATE
F.V. 2076-77
Budget
Direct Costs $154,140
Contingency $7,396
Administrative Costs $1,479
Total Levy to Budget $163,015
As required by the Act, an Assessment Diagram is hereto attached and made a
part hereof showing the exterior boundaries of said City of Moorpark Landscaping and
Lighting Maintenance Assessment District No. AD01-02. The distinctive number of each
parcel or lot of land in the annexation area of said City of Moorpark Landscaping and
Lighting Maintenance Assessment District No. AD01-02 is its Assessor Parcel Number
appearing on the Assessment Roll.
And I do hereby assess and apportion said net amount of the cost and expenses
of said improvements, including the costs and expenses incident thereto, upon the parcels
CITY OF MOORPARK
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT No.AD 01-02 ANNEXATION S IConsultingGroup
ENGINEER'S REPORT,FY 2016-17
20
PAGE 16
and lots of land within the annexation area of said City of Moorpark Landscaping and
Lighting Maintenance Assessment District No. AD01-02, 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 annexation
area of the City of Moorpark Landscaping and Lighting Maintenance Assessment District
No. AD01-02 in proportion to the special benefits to be received by the parcels or lots of
land,from said improvements.
The assessment is subject to an annual adjustment tied to the Consumer Price
Index for all Urban Consumers for the Los Angeles Area as of December of each
succeeding year(the CPI). In the event that the actual assessment rate for any given year
is not increased by an amount equal to the CPI change, any such deferred assessment
increase may be added to the total amount assessed in any subsequent year. In such
event, the maximum authorized assessment amount shall be equal to the base year
assessment as adjusted by the increase to the CPI, plus any and all CPI adjustments
deferred in any and all prior years. In addition, the annual adjustment may be increased
due to delinquent assessments on property in District AD01-02 as specified in the
Assessment Apportionment section of this Engineer's Report.
Each parcel or lot of land is described in the Assessment Roll by reference to its
parcel number as shown on the Assessor's Maps of the County of Ventura for the fiscal
year 2016-17. 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 2016-17 for each
parcel or lot of land within the annexation area of said City of Moorpark Landscaping and
Lighting Maintenance Assessment District No.AD01-02.
Dated: September 11, 2015
Engineer of Work
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EXP.12-31-16 By
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CITY OF MOORPARK - �,
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT NO.AD 01-02 ANNEXATION SC 1ConsultingGroup
ENGINEER'S REPORT,FY 2016-17
21
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FILED IN THE OFFICE OF THE CITY CLERK OF THE FILED THIS DAY OF Legend
AN ASSESSMENT WAS CONFIRMED AND CITYOF MOORPARK,COUNTY OF VENTURA. 7516,AT THE HOUR OF O'CLOCK
LEVIED BY DIE CITY COUNCIL OF THE CITY OF CALIFORNIA, .M.IN THE OFFICE OF THE COUNTY Tract 5463(Annexation Area
MOORPAO ON THE LOTS.PIECES AND PARCELS )
CF LAND ON THIS ASSESSMENT DIAGRAM ON THE THIS-DAY OF 2016. AUDITOR OF THE COUNTY OF VENTURA,
DAY OF 2015 STATE OF CALIFORNIA,AT THE REQUEST OF AD01-02(Existing.District)
THE CITY OF MOORPARK CITY COUNCL.
FOR FISCAL YEAR 201617 AND SAID ASSESSMENT
DIAGRAM AND THE ASSESSMENT ROLL FOR SAID CITY CLERK "./Streets
FISCAL YEAR WERE FILED N THE OFFICE OF THE COUNTY AUDITOR,COUNTY OF VENTURA //�\
W THE AUDITOR OF THE COUNTY OF VENTURA ON RECORDED OFFICE OF THE DIRECTOR I I Parcels
THE DAY OF OF PUBLIC WORKS OF THE CITY OF MOORPARK
REFERENCE IS HERESY MADE TO SAID COUNTY OF VENTURA,CALIFORNIA,THIS
N
RECORDED ASSESSMENT ROLL FOR THE EXACT DAY OF ,2018, SETETEICE IS HERESY MADE TO THE NAPS ARD DEEDS
AMOUNT OF EACH ASSESSMENT LEVER AGAINST
EACH PARCEL OF LAND. OF RECORD N HE
THE OFFICE OF THE ASSESSOR OF T
WTV'OF REMORA FOR A DETAILED DESCRIPTOR OF
DE LNES MD DIIENSIDI6 OF ANY PARCEL S SHOWN
WREN THOSE RMS SHALL GOVERN FOR ALL DE DIES
CITY CLERK DIRECTOR OF PUBLIC WORKS cwoosaNF THE uEum s ADINS W uW MRD
of SUCH EIE
EACH PARCEL IS OENRIF'ED N SAID NAPS DY RS DS MOTIVE
ASSESSORS PARSEE E RNRFR
ANNEXATION OF TRACT 5463 INTO
su connme/D croup CITY OF MOORPARK LANDSCAPING AND LIGHTING
47I5 MRADRIS Burt MAINTENANCE ASSESSMENT DISTRICT NO.AD01-02
fNrhelu.CA 9133A
ASSESSMENT DIAGRAM
22
PAGE 18
2016-17 ASSESSMENT ROIL
Assessor's Parcel No. Owner Name EDU's Assessment
5020140160 TOLL LAND XX LIMITED PART 50 $163,015.02
5020140195 TOLL LAND XX LIMITED PART 0 $0.00
5020140205 TOLL LAND XX LIMITED PART 0 $0.00
5020140230 TOLL CA LP 0 $0.00
5020140265 TOLL CA LP 0 $0.00
5020140275 TOLL CA LP 0 $0.00
5020140290 TOLL LAND XX LP 0 $0.00
CITY OF MOORPARK -
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT No.AD 01-02 ANNEXATION S''�iGonsultingGroup
ENGINEER'S REPORT,FY 2016-17
23
PAGE 19
APPENDIX A-MAINTENANCE RESPONSIBILITY MAP
LEL70
I HCA MAINTENANCE AREA r®1HOA MAINTENANCE AREA KITH A
(NOT PART OF WD) BACX UP DISTRICT FOR WD AREA
HOA MAINIENANIZ AREA (LANDSCAPE)
(FEZ ONLY-NOT PART CF LAD) 3. LOT'B" (187,532 SF)
11,171 Sr)WI MAINTENANCE AREA 5.LOTAPN502--0-140-28 (304 .894 SF)
E TRAIL/STORM DRAIN EASEMENT 8. POPE MAINTENANCE (23,589 SF)
1. TRAII./STORM ORM! FASFIENT TO HDA
EASEMENT (59.802 Sr) 7.APN 502-0-140-29 (140,440.79 SF)
RL ]DANCE AREA
2.LOT.1 (51.435 SF)
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JEN=EN 12 DONIAN 3-nuar MAINTENANCE RESPONSIBILITY MAP
VENTUR4 CALIF. 83003
i DESIGN PHONE 806/13N4-81177 TRACT 5463
MM.MEY
i .MIC !'AX 805/654-8978
6'7MASTERS MOORPARK JAN 14.2013
-
CITY OF MOORPARK -
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT N0.AD 01-02 ANNEXATION ConsultingGroup
ENGINEER'S REPORT,FY 2016-17
24
Attachment 2
PETITION AND WAIVER RE:
ANNEXATION TO ASSESSMENT DISTRICT NO.01-2
FOR TRACT 5463
TO: The Honorable City Council
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
RE: Establishment of a Landscape Maintenance Assessment District for Tract 5463, located at
Moorpark Country Club Estates.
The undersigned is the record owner(herein "Owner") in fee simple of the real property identified below
(herein"Property"). The Property is located within the City of Moorpark(herein"City")and is the subject
of an approved tentative map for Tract 5463 (herein "Tentative Map"), prepared and submitted by the
Owner.
Certain designated landscape and drainage improvements to be constructed by the Owner (herein "City
Improvements") are to be accepted and maintained by City. In addition, it may, under certain
circumstances, become necessary for the City to take over the responsibility for the maintenance of
certain other designated landscape improvements (herein "HOA Improvements")which are to be initially
owned and maintained by a future Home Owners Association. Accordingly, it is necessary to include the
Property in a Landscape Maintenance Assessment District to fund, or potentially fund,the following costs
(herein "City Costs"): a) the cost of maintaining the City Improvements; b) the costs of providing for the
future maintenance of the HOA Improvements by the City should that become necessary; and c) the cost
of providing for the administration of the District. The total improvements to be maintained,or potentially
maintained,by the District(herein "Improvements") shall consist of the City Improvements and the HOA
Improvements, as more particularly defined and described in Exhibit"A"attached hereto and made a part
hereof.
The Tentative Map is a continuation of the adjacent project (Tract 4928), also developed by Owner, and
has substantially the same level of City Improvements and HOA Improvements to be maintained. Tract
4928 is included in City of Moorpark Landscape and Lighting Maintenance Assessment District No. 01-2
(herein "District"). The undersigned Owner hereby petitions the City Council of the City (herein "City
Council") to annex the Property into said District for the purpose of funding said City Costs at the
expense of the undersigned and its successors-in-interest, including the future owners of any and all
parcels of land into which the Property is to be subdivided upon the recordation of the final map for Tract
5463.
The undersigned Owner hereby waives, for itself and its successors-in-interest, all of the rights conferred
upon the owners of real property under Article XIII D of the California Constitution and the
implementing statute at Article 4.6 of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code
(commencing with Section 53750)(collectively "the Article"),The undersigned also waives, for itself and
its successors-in-interest, all of the rights conferred upon the owners of real property under Chapter 2 of
the Landscaping and Lighting Act of 1972 (commencing with Section 22500 of the Streets and Highways
Code)(herein "the Act").
25
In executing this Petition and Waiver,the undersigned understand(s),agree(s)and aclanowledge(s) that:
1.The area to be included in the District is that area identified as Tract 5463 (Annexation Area)on the
Assessment Diagram attached hereto and made a part hereof as Exhibit"B".
2. The Owner hereby approves the City of Moorpark Landscape and Li•hting Maintenance Assessment
District No. 01-2 Zone B assessments at the maximum fiscal year 2016-17 rate for City Improvements of
$3,260.30 per lot or equivalent dwelling unit plus an annual increase in the assessments in an amount
equal to the annual change in the Los Angeles Metropolitan Area Consumer Price Index for all Urban
Consumers for the Property.
The Owner hereby approves the City of Moorpark Landscape and Lighting Maintenance Assessment
District No. 01-2 Zone B assessments at the maximum fiscal year 2016-17 rate including HOA
Improvements of $16,846.12 per lot or equivalent dwelling unit plus an annual increase in the
assessments in an amount equal to the annual change in the Los Angeles Metropolitan Area Consumer
Price Index for all Urban'Consumers for the Property.
3. The amountchargeable to the District shall not exceed the reasonable cost of the special benefit
conferred on the entire Property.
4. The amount chargeable to each parcel shall not exceed the reasonable cost of the proportional special
benefit conferred upon each of those parcels.
In executing this Petition and Waiver,the undersigned warrant and represent that:
1. They have read the Article and have had an opportunity to have the Article, including the rights
conferred by the Article that are being waived pursuant to this Petition and Waiver, explained to them by
legal counsel of their choice;
2.They have read the Act and have had an opportunity to have the Act,including the rights conferred by
the Act that are being waived pursuant to this Petition and Waiver,explained to them by legal counsel of
their choice;
3. They have read this Petition and Waiver, have had the opportunity to have the Petition and Waiver
explained to them by legal counsel of their choice,knows and understands the rights that they are waiving
by this Petition and Waiver, knows and understands the legal effects of the Petition and Waiver, and are
not relying upon any representations by the City Council or any of the officers, employees, servants or
agents of the City.
4.They consent to the imposition of the assessments required to fund the City Costs.
5.They agree to pay all City costs related to the annexation of the Property into the District.
26
THIS PETITION AND WAIVER LKNOWINGLY, INTELLIpE6NTLY AND VOLUNTARILY
2.
EXECUTED this p day of /ea 2015 at Lo 5 [ye 6/ef ,Califomia.
TOLL LAND X/ •. TOLL CA L.P_ —
By: �/ -- By:
Name: Name: Vince Rossi
Title: Title: nmsan vsptq
The property that is subject to this Petition and Waiver and owned(not leased or optioned)by the above
named owner(s)is that property subject of Tentative Map 5463 [APN No. 5020140160,5020140195,
5020140205,5020140230,5020140265,5020140275,and 5020140290].
27
Exhibit A
The improvements to be maintained include but are not limited to the maintenance and servicing of
landscaping, trails, storm water quality facilities, an access road and all necessary appurtenances, and
labor, materials, supplies, utilities and equipment, as applicable, for property owned or maintained by the
City of Moorpark located in or adjacent to Tentative Tract 5463. Any plans and specifications for these
improvements will be filed with the City of Moorpark and are incorporated herein by reference.
As applied herein, "maintenance" means the furnishing of services and materials for the ordinary and
usual maintenance, operation and servicing of said improvements, including repair, removal or
replacement of all or any part of any improvement; providing for the life, growth, health, and beauty of
landscaping, and the cleaning, sandblasting, and painting of walls and other improvements to remove or
cover graffiti.
"Servicing" means the furnishing of electric current, or energy, gas or other illuminating agent for the
lighting or operation of any improvements; maintaining, operating and servicing street and traffic safety
lighting, and water for irrigation of any landscaping or the maintenance of any other improvements.
28
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29
Attachment 3
RESOLUTION NO. 2015-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING ENGINEER'S
REPORT, ORDERING ANNEXATION OF TRACT 5463
INTO THE CITY OF MOORPARK LANDSCAPING AND
LIGHTING ASSESSMENT DISTRICT AD 01-02,
CONFIRMING DIAGRAM AND ASSESSMENT AND
ORDERING LEVY OF ASSESSMENT WITHIN SUCH
ANNEXATION FOR FISCAL YEAR 2016-17
WHEREAS, this Council designated SCI Consulting Group as Engineer of Work
and ordered said Engineer to make and file an Engineer's Report for the annexation of
Tract 5463 (the "Annexation Area") into the City of Moorpark Landscaping and Lighting
Maintenance Assessment District No. AD 01-02 (the "District"); and
WHEREAS, properties in the Annexation Area shall be referred to as Zone of
Benefit B or Zone B, and
WHEREAS, the report was duly made and filed with the Council 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; and
WHEREAS, in order to expedite the proceedings, the property owner has
submitted a Petition and Waiver, wherein the property owner (1) has requested that the
property be annexed into the District; and (2) has waived all rights conferred by
Proposition 218 with respect to the approval of the new assessment by mailed
ballot/notice and the 45-day time period for balloting; and
WHEREAS, on October 7, 2015 at the hour of 7:00 PM at the City of Moorpark
City Council Chambers, 799 Moorpark Avenue, Moorpark, California 93021, the public
hearing was duly and regularly held, and all persons interested and desiring to be heard
were given an opportunity to speak and be heard, and all matters and things pertaining
to the levy were fully heard and considered by this Council, and all oral statements and
all written protests or communications were duly considered; and
WHEREAS, at the public hearing the 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:
30
Resolution No. 2015-
Page 2
SECTION 1. The public interest, convenience and necessity require that the levy
be made.
SECTION 2. The Annexation Area 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 Council, 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 district, plans and specifications for
the improvements to be maintained and the boundaries and dimensions of the
respective lots and parcels of land within the Annexation Area; 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 Annexation Area 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 maximum fiscal year 2016-17 assessment rate per equivalent
dwelling unit for property in the Annexation Area is $16,846.12. The proposed fiscal
year 2016-17 assessment rate per equivalent dwelling unit for property in the
Annexation Area is $3,260.30. The assessment to pay the costs and expenses of the
maintenance of the improvements for fiscal year 2016-17 is hereby levied.
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
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.
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Resolution No. 2015-
Page 3
SECTION 7. Immediately upon the adoption of this resolution, but in no event
later than the second Monday in August following such adoption, the Council 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 District No. AD 01-02 Zone B.
SECTION 8. The moneys representing assessments collected by the County,
shall be deposited in the City Treasury to the credit of the improvement fund previously
established under the distinctive designation of the City of Moorpark Landscaping and
Lighting Maintenance Assessment District No. AD 01-02 Zone B. Moneys in the
improvement fund 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 7th day of October, 2015.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
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