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Home My WebLink AboutAGENDA REPORT 1993 0106 CC REG ITEM 09C135 I (,q 9 ITEM MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 6864 ,Z Oq1(' q TED J�y� AGENDA REPORT - "j, ACi ON: TO: The Honorable City Council By FROM: Maryann Goodkind, Burke, Williams, Sorensen, & Garr DATE: December 29, 1992 (CC Meeting of 1/6/93) SUBJECT: City of Moorpark Assessment District No. 92 -1 (Mission Bell Plaza) Background In response to petitions by certain affected property owners requesting the City to form the proposed Assessment District No. 92 -1 (the "District ") , the City has declared its intention to form the District and has called public hearings on the boundaries of the District, the improvements to be constructed, the imposition of the assessments and the issuance of bonds secured by such assessments. This is the first of two such public hearings. The second public hearing will take place on January 20, 1993, after which the City will consider the formation of the District and the imposition of the "confirmed" assessments. Recommendation Conduct the first of two public hearings relating to the above referenced Assessment District No. 92 -1 and give direction, if any, on the draft final Engineer's Report. Attachment: Proposed script for public hearing. c:\wp51\6tycLer\921229.03 PAUL W IAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M PEREZ ROY E lAI LFY JR Mayor Mayor Pro Tem Councilmember Councilmember Councilmemt�pr Printed On RPcvOPd Pant,; To: Lillian Hare, City Clerk From: Maryann L. Goodkind, Esq. 12 -29 -92 3:59pm p. 2 of 3 39933.1 City of Moorpark Assessment District No. 92-1 (Mission Bell Plaza) ORDER OF PROCEEDINGS FOR PUBLIC HEARINGS ON JANUARY 6, 1993 AND JANUARY 20, 1993 A. January 6, 1993 1. The Mayor makes the following opening remarks: "This is the time and place for the first of two public hearings concerning the City of Moorpark Assessment District No. 92 -1 (Mission Bell Plaza) (the "District "). The second public hearing will be held here on January 20, 1993, at 7:00 p.m. These hearings are to inquire into the formation of the District, the levy of assessments in the District, the proposed improvements to be made and the City's intent to issue limited obligation bonds to be secured by the assessments in the District ". "Notice of these public hearings was mailed to all legal owners of the property within the proposed District and published in the Moorpark News - Mirror as required by law and as evidenced by an affidavit on file with the City Clerk." "Before I formally open the hearing, are there any property owners in the District who wish to file written protests? If so, they must be filed with the City Clerk at this time ". [Pause to see if there are any protests.] "The first hearing is now officially open. We will first have presentations by staff and the consultants about the District. After that, we will receive comments and questions and any oral protests from any interested persons. When all comments have been received the hearing will be closed." 2. Staff and consultants make presentations. 3. Time for comments, questions and protests from audience. 4. Close hearing. 5. The City Council may then ask questions and discuss the District. 6. When discussion is through, the Mayor declares the public hearing to be closed and announces that a second public hearing will be held at the same place on January 20, 1993 at 7:00 p.m. End of Item. DEC 28 192 17 :03 BW &S LOS ANGELES PAGE.002 City of Moorpark Assessment District No. 92 -1 (Mission Bell Plaza) ORDER OF PROCEEDINGS FOR PUBLIC HEARINGS ON JANUARY 6, 1993 AND JANUARY 20, 1993 A. January 6, 1993 1. The Mayor makes the following opening remarks: "This is the time and place for the first of two public hearings concerning the City of Moorpark Assessment District No. 92 -1 (Mission Bell Plaza) (the "District "). The second public hearing will be held here on January 20, 1993, at 7:00 p.m. These hearings are to inquire into the formation of the District, the levy of assessments in the District, the proposed improvements to be made and the City's intent to issue limited obligation bonds to be secured by the assessments in the District ". "Notice of these public hearings was mailed to all legal owners of the property within the proposed District and published in the Moorpark News - Mirror as required by law and as evidenced by an affidavit on file with the City Clerk." "Before I formally open the hearing, are there any property owners in the District who wish to file written protests? If so, they must be filed with the City Clerk at this time ". [Pause to see if there are any protests.] "The first hearing is now officially open. We will first have presentations by staff and the consultants about the District. After that, we will receive comments and questions and any oral protests from any interested persons. When all comments have been received the hearing will be closed." 2. Staff and consultants make presentations. 3. Time for comments, questions and protests from audience. 4. Close hearing. 5. The City Council may then ask questions and discuss the District. 6. When discussion is through, the Mayor declares the public hearing to be closed and announces that a second public hearing will be held at the same place on January 20, 1993 at 7:00 p.m. End of Item. 39933.1 PAU OPPK oo,�i ,poi 9 1; Q�FO J� MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 AGENDA R IP01R9P TO: The Honorable City Council c "�/ FROM: Kenneth C. Gilbert, Director of Public Works l(/ DATE: January 5, 1992 (City Council Meeting 1 -6 -92) SUBJECT: Assessment District 92 -1 Engineer's Report Attached is an updated copy of the subject Engineer's Report. The assessment amounts set forth in the charts at the back of the report have be revised to reflect adjustments to a number of anticipated expenses. One such adjustment is the recently revised construction cost for the Phase I off -site improvements, which is now based on bids received and opened on January 4, 1993. For information regarding the structure of the report, please refer to the Table of Contents. If you have any questions, please feel free to give me or the City Engineer a call. vl C JOHN E WOZNIAK SCOTT MONTGOMLFTY BERNAHDO M PFHE:Z ROY E TAl LEY JH Mayor Pro Tern Councdmember Counalmember Councilmembvr Prm!ed Cr Rec:c ec Ydfv PRELIMINARY REPORT OF ENGINEER CITY OF MOORPARK ASSESSMENT DISTRICT 92 -1 (Mission Bell Plaza) California Streets and Ilighways Code Sections 28000, 8500, 10000 Prepared by: Charles Abbott Associates, Inc. 6866 Verdes Ridge Road Rancho Palos Verdes, CA 90274 JANUARY 5, 1993 ASSESSMENT DISTRICT' -92 -1 PRELIMINARY ENGINEER'S REPORT (1 -5 -92 Draft) Table of Contents Page Transmittal 1 Part I: Plans and Specifications 4 Part II: Cost Estimate ( 6 mo. capitalized interest) 5 Cost Estimate (24 mo. capitalized interest) 9 Part III: Assessment Roll 13 Part IV: Annual Administrative Assessment 17 Part V: Diagram of Assessment District 18 Part VI: A. Description of Works of Improvement and Right -of -Way to be Acquired 19 B. Right -of -Way Certificate 22 C. Certificate of Completion of Environmental Proceedings 24 Exhibit 'A' Method and Formula of Assessment Spread 25 Assessment Detail • Based on 6 mo. capitalized interest 29 • Based on 24 mo. capitalized interest 33 wp\,rpt\k:rt3 AGENCY: CITY OF MOORPARK PROJECT: CITY OF MOORPARK ASSESSMENT DISTRICT 92 -1 TO: CITY COUNCIL ENGINEER'S REPORT PURSUANT TO THE PROVISIONS OF SECTIONS 2961 AND 10204 OF THE STREETS AND HIGHWAYS CODE Pursuant to the provisions of Part 7.5 of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931 ", being Division 4 of the Streets and Highways Code of the State of California and the "Municipal Improvement Act of 1913 ", being Division 12 of said Code, and in accordance with the Resolution of Intention, being Resolution No. , adopted by the CITY COUNCIL of the CITY OF MOORPARK, STATE OF CALIFORNIA, in connection with the proceedings for CITY OF MOORPARK ASSESSMENT DISTRICT 92 -1 (hereinafter referred to as the "Assessment District "), the undersigned herewith submits the "Report for the Assessment District, consisting of six (6) parts as follows: PART I Plans and specifications for the proposed improvements are filed herewith and made a part of hereof. Said plans and specifications are on file in the Office of the City Clerk. PART II An estimate of the cost of the proposed improvements, including incidental costs and expenses in connection therewith, is as set forth on the lists thereof, attached hereto, and are on file in the Office of the Clerk. PART III This Part consists of the following information: A. A proposed assessment of the total amount of the costs and expenses of the proposed improvements upon the several subdivisions of land within the Assessment District, in proportion to the estimated benefits to be received by such subdivisions, from said improvements, is set forth upon the assessment roll filed herewith and made a part hereof. B. The total amount, as near as may be determined, of the total principal sure of all unpaid special assessments and special assessments required or proposed to be levied under any completed or pending assessment proceedings, other than that contemplated for the Assessment District, which would require an investigation and report under the "Special Investigation, Limitation and Majority Protest Act of 1931" against the total area proposed to be assessed. C. The total true value, as near as may be determined, of the parcels of land and improvements which are proposed to be assessed. PART IV The proposed maximum annual assessment to be levied upon any subdivision or parcel of land within the Assessment District to pay the costs incurred, and not otherwise reimbursed, resulting from the administration and collection of assessments and /or administration and registration of bonds and other funds. PART V A diagram showing the Assessment District, the boundaries and the dimensions of the subdivisions of land within said Assessment District, as the same existed at the time of the passage of the Resolution of Intention, is filed herewith and made a part hereof, and part of the assessment. PART VI This part shall consist of the following information: A. Description of the work for the proposed improvements; B. Right -of -way certification; C. Environmental certification. Dated this /! day of ,1992. CHARLES ABBOTT ASSOCIATES, INC. ASSESSMENT ENGINEER CITY OF MOORPARK STATE OF CALIFORNIA PRELIMINARY APPROVAL BY THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ON THE - -DAY OF 11992. CITY CLERK CITY OF MOORPARK STATE OF CALIFOINIA FINAL APPROVAL BY THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ON THE DAY OF , 1992. CITY CLERK CITY OF MOORPARK STATE OF CALIFORNIA CITY OF MOORPARK ASSESSMENT DISTRICT 92 -1 ENGINEER'S REPORT PART I PLANS AND SPECIFICATIONS The plans and specifications for this Assessment District are referenced herein and incorporated as if attached as part of this "Report ". Certain of said plans and specifications are also referred to as as approved for bid advertisement by the City Council of the City of Moopark on . The plans and specifications are on file in the Office of the City Clerk. CITY OF MOORPARK ASSESSMENT DISTRICT 92 -1 ENGINEER'S REPORT PART II COST ESTIMATE (6 months capitalized interest) I. PUBLIC WORKS CONSTRUCTION: ESTIMATED COST PRELIMINARY CONFIRMED Los Angeles Ave. (southside) $ 276,334 $ 234,667 20% contingency $ 55.266 $ 46,933 SUBTOTAL S 331,600 $ 281,600 Los Angeles Ave. (northside) 20% contingency SUBTOTAL $ 113,750 $ 22,750 S 136,500 Los Angeles Ave. (Gisler) $ 89,583 20% contingency $ 17,917 SUBTOTAL $ 107,500 Park Lane Street Improvements S 217,750 20% contingency $ 43,550 SUBTOTAL $ 261,300 Lassen Ave. Street Improvements $ 208,334 20% contingency $ 41,666 SUBTOTAL $ 250,000 Water System Improvements $ 66,917 20% contingency $ 13,383 SUBTOTAL $ 80,300 TAN 5 'q? 22:53 $ 100,833 $ 20,167 $ 118,500 $ 79,833 $ 15,967 $ 95,800 $ 144,867 $ 28,973 $ 173,840 $ 159,171 $ 31,834 $ 191,005 $ 46,575 $ 9 }315 $ 55,890 5 ESTIMATED COST PRELIMINARY CONFIRMED Storm Drain Line A $ 207,667 $ 155,069 20% contingency $ 41.533 $ 31,4 SUBTOTAL $ 249,200 $ 186,083 Storm Drain Line B $ 77,083 $ S5,684 20% contingency $ 15.417 $_ 11,152 SUBTOTAL $ 92,500 $ 667819 Storm Drain Line C $ 82,333 $ 55,759 20% contingency S 16.467 $ 11,152 SUBTOTAL $ 98,800 $ 66,911 Storm Drain Park Lane Branch $ 146,083 $ 771,475 20% contingency $ 29,217 $ 15.495 SUBTOTAL $ 175,300 $ 92,970 Storm Drain Lassen Ave. Branch $ 52,167 20% contingency $ 10.433 SUBTOTAL $ 62,600 Storm Drain MacLeod Branch $ 138,500 20% contingency $ 27.700 SUBTOTAL $ 166,200 Liberty Bell Rd. (north of L.A. Ave.)$ 85,167 20% contingency $ 17,3 SUBTOTAL $ 102,200 Liberty Bell Rd. (south of L.A. Ave.) $ 87,333 20% contingency $ 17,467 SUBTOTAL $ 104,800 $ 34,401 68 $ 41,281 $ 73,898 $_ 14,780 $ 88,678 $ 57,105 $ 11.421 $ 68,526 $ 80,125 $ 16,025 $ 96,150 6 JAti 5 o? ':2: 54 Traffic Signals 20% contingency SUBTOTAL UTILITY IMPROVEMENTS 20% contingency UTILITY FEES CITY FEES ENGINEERING TOTAL PUBLIC WORKS CONSTRUCTION II. ACQUISITIONS III. INCIDENTALS: Bond Counsel Assessment Engineering Appraisals Paying Agent Official Statement Printing Bond Printing Publishing etc. Miscellaneous Cost ESTIMATED COST PRELIMINARY CONFIRMED $ 4507000 $ 310,000 $ 286,166 $ 62.000 $ 57,234 $ 372,000 $ 343,400 $ 294,250 $ 269,667 $ 58,850 $ 53,9933 $ 353,100 $ 323,600 $ 186,250 $ 186,250 $ 4507000 $ 304,420 $ 368,400 $ 291,062 $3,948,550 $3,070,773 $ 500,000 $ 500,000 $ 36,000 $ 56,500 $ 50,000 $ 104,000 $ 20,000 $ 20,000 $ 5,000 $ 5,000 $ 14,000 $ 14,000 $ 12,000 $ 12,000 $ 2,000 $ 2,000 $ 5,000 $ 5,000 CUSIP Underwriting Discount Reserve Fund Funded Interest Underwriter's Counsel City Administration TOTAL INCIDENTALS TOTAL PROJECT COST ESTIMATED IMPROVEMENT FUND EARNING CITY CONTRIBUTION TOTAL ASSESSMENT $ $ 20,000 $1,660,776 $1,077,040 $6,109,316 $4,647,813 $ 500,000 $ 14,085 $ 0 $5,609,316 $4,633,728 8 ESTIMATED COST PRELIMINARY CONFIRMED $ 1,500 $ 1,500 $ 1,500 $ 1,500 $ 112,207 $ 68,125 $ 561,034 $ 545,000 $ 840,525 $ 192,315 $ $ 30,000 $ $ 20,000 $1,660,776 $1,077,040 $6,109,316 $4,647,813 $ 500,000 $ 14,085 $ 0 $5,609,316 $4,633,728 8 CITY OF MOORPARK ASSESSMENT DISTRICT 92 -1 ENGINEER'S REPORT PART II COST ESTIMATE (24 months capitalized interest) I. PUBLIC WORKS CONSTRUCTION: ESTIMATED COST PRELIMINARY CONFIRMED Los Angeles Ave. (southside) $ 276,334 $ 234,667 20% contingency $ 55.266 $ 46.933 SUBTOTAL $ 331,600 $ 281,600 Los Angeles Ave. ( northside) $ 113,750 $ 100,833 20% contingency $ 22,750 $ 20,167 SUBTOTAL $ 136,500 $ 118,500 Los Angeles Ave. (Gisler) $ 89,583 $ 79,833 20% contingency $ 17.917 S 15,967 SUBTOTAL $ 107,500 $ 95,800 Park Lane Street Improvements $ 217,750 $ 144,867 20% contingency $ 43.554 $ 28.973 SUBTOTAL $ 261,300 $ 173,840 Lassen Ave. Street Improvements $ 208,334 $ 159,171 20% contingency $ 41_,666 $ 31,834 SUBTOTAL $ 250,000 $ 191,005 Water System Improvements $ 66,917 $ 46,575 20% contingency $ 13,383 $ 9 ,315 SUBTOTAL $ 80,300 $ 55,890 0 JAN 5 '97- -7=:4� ESTIMATED COST PRELIMINARY CONFIRMED Storm Drain Line A $ 207,667 $ 155,069 20% contingency $ 41,533 $ 31,014 SUBTOTAL $ 249,200 $ 186,083 Storm Drain Line B $ 77,083 $ 55,684 20% contingency $ 15,417 $ 11,152 SUBTO'T'AL $ 92,500 $ 66,819 Storm Drain Line C $ 82,333 $ 55,759 20% contingency $ 16,467 $ 11.1.5 2 SUBTOTAL $ 98,800 $ 66,911 Storm Drain Park Lane Branch $ 146,083 $ 777475 20% contingency $ 29,217 $ 15,495 SUBTOTAL $ 175,300 $ 92,970 Storm Drain Lassen Ave. Branch $ 52,167 20% contingency $ 10.433 SUBTOTAL $ 62,600 Storm Drain MacLeod Branch $ 138,500 20% contingency $ 27,700 SUBTOTAL $ 166,200 Liberty Bell Rd. (north of L.A. Ave.)$ 85,167 20% contingency $ 17,033 SUBTOTAL $ 102,200 Liberty Bell Rd. (south of L.A. Ave.)$ 87,333 20% contingency $ 17.467 SUBTOTAL $ 104,800 JAN 5 'q? 22:47 $ 34,401 $ 6.880 $ 41,281 $ 73,898 $ 14,780 $ 88,678 $ 57,105 11,421 $ 68,526 $ 80,125 $ 16,Q25 $ 96,150 io Traffic Signals 20% contingency SUBTOTAL UTILITY IMPROVEMENTS 20% contingency UTILITY FEES CITY FEES ENGINEERING TOTAL PUBLIC WORKS CONSTRUCTION II. ACQUISITIONS III. INCIDENTALS: Bond Counsel Assessment Engineering Appraisals Paying Agent Official Statement Printing Bond Printing Publishing etc. Miscellaneous Cost JAN 5 '93 ?2:47 ESTIMATED COST PRELIMINARY CONFIRMED $ 310,000 $ 286,166 62.00 $ 57,234 $ 372,000 $ 343,400 $ 294,250 $ 269,667 $ 58,850 $ 53.933 $ 353,100 $ 323,600 $ 186,250 $ 186,250 $ 450,000 $ 304,420 $ 368,400 $ 304,043 $3,948,550 $3,070,773 $ 500,000 $ 500,000 $ 36,000 $ 56,500 $ 50,000 $ 104,000 $ 20,000 $ 20,000 $ 5,000 $ 5,000 $ 14,000 $ 14,000 $ 12,000 $ 12,000 $ 200 $ 2,000 $ 5,000 $ 5,000 CDAC CUSIP Underwriting Discount Reserve Fund Funded Interest Underwriter's Counsel City Administration TOTAL INCIDENTALS TOTAL PROJECT COST ESTIMATED IMPROVEMENT FUND EARNING CITY CONTRIBUTION TOTAL ASSESSMENT JA's 5 '9-2 22: 49 $6,109,316 $5,374,035 $ 500,000 $ 14,085 $ 0 $5,609,316 $5,375,033 W, ESTIMATED COST ERELIMINARY CQNFIRMED $ 1,500 $ 1,500 $ 1,500 $ 1,500 $ 112,207 $ 77,187 $ 561,034 $ 617,500 $ 840,525 $ 837,075 $ $ 30,000 $ $ 20,000 $1,660,776 $1,803,262 $6,109,316 $5,374,035 $ 500,000 $ 14,085 $ 0 $5,609,316 $5,375,033 W, CITY OF MOORPARK ASSESSMENT DISTRICT 92 -1 ENGINEER'S REPORT PART III ASSESSMENT ROLL WHEREAS, on ' the CITY COUNCIL of the CITY OF MOORPARK, CALIFORNIA, did, pursuant to the provisions of the "Municipal Improvement Act of 1913 ", being Division 12, of the Streets and Highways Code of the State of California, and as amended, adopted its Resolution of Intention No. for the acquisition, construction or installation of certain improvements, together with appurtenances and appurtenant work in connection therewith, in a special assessment district known and designated as CITY OF MOORPARK ASSESSMENT DISTRICT 92 -1 (hereinafter referred to as the "Assessment District "); and, WHEREAS, said Resolution of Intention, as required by law, did direct the appointed Superintendent of Streets to make and file a "Report ", consisting of the following: a. Plans; b. Specifications; C. Cost Estimate; d. Assessment Diagram showing the Assessment District and the subdivision of land contained therein; e. A proposed assessment of the costs and expenses of the works of improvement levied upon the parcels and lots of land within the boundaries of the Assessment District. For particulars, reference is made to the Resolution of Intention as previously adopted. Now therefore, the undersigned, pursuant to the "Municipal Improvement Act of 1913 ", does hereby submit the following: Pursuant to the provision of law and the Resolution of Intention, I have assessed the costs and expenses of the works of improvement to be performed in the Assessment District upon the parcels of land in the Assessment District benefited thereby in direct proportion and relation to the estimated benefits to be received by each of said parcels. For particulars as to the identifications of said parcels, reference is made to the Assessment Diagram, a copy of which is attached hereto. 13 2. As required by law, a Diagram is hereto attached, showing the Assessment District, as well as the boundaries and dimensions of the respective parcels and subdivisions of land within said District as the same existed at the time of the passage of said Resolution of Intention, each of which subdivisions of land or parcels or lots respectively have been given a separate number upon said Diagram and in said Assessment Roll. 3. The subdivisions and parcels of land, the numbers therein as shown on the respective Assessment Diagram as attached hereto correspond with the numbers as appearing on the Assessment Roll as contained herein. 4. NOTICE IS HEREBY GIVEN that the bonds will be issued in accordance with Division 10 of the Streets and Highways Code of the State of California (the "Improvement Bond Act of 1915 "), to represent all unpaid assessments, and the latest installment of said bonds shall mature a maximum of TWENTY (20) years from the day of next succeeding twelve months from their date. Said bonds shall bear interest at a rate not to exceed the current legal maximum rate of 12% per annum. 5. By virtue of the authority contained in said "Municipal Improvement Act of 1913 ", and by further direction and order of the legislative body, I hereby make the following Assessments to cover the costs and expenses of the works of improvement for the Assessment District based on the costs and expenses as set forth below: AS PRELIMINARY AS APPROVED CONFIRMED Estimated Cost of Construction $ 3,948,550 $ Estimated Incidental Costs and Expenses $ 1,660,766 $ Estimated Acquistions $ 500,000 $ Estimated Total Cost $ 6,109,316 $ Esimated Improvement Fund Earning $ 500,000 $ Estimated Contribution $ 0 $ Balance to Assessment $ 5,609,316 $ _ For particulars as to the individual assessments and their descriptions, reference is made to the Exhibit attached hereto. 14 6. The Method of Spread of Assessment is as set forth in Exhibit "A ", which is attached hereto, referenced and so incorporated. DATED: !lam'- Z // , 1992. CHARLES ABBOTT ASSOCIATES, �'C. ASSESSMENT ENGINEER CITY OF MOORPARK STATE OF CALIFORNIA 1 C� I, , as CITY CLEI:K of the CITY OF MOORPARK, CALIFORNIA, do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was filed in my office on the day of , 1992. CITY CLERK CITY OF MOORPARK STATE OF CALIFORNIA I, , as CITY CLERK of the CITY OF MOORPARK, CALIFORNIA, do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was approved and confirmed by the City Council of said City on the day of , 1992. CITY CLERK CITY OF MOORPARK STATE OF CALIFORNIA I, , as SUPERINTENDENT OF STREETS of the CITY OF MOORPARK, CALIFORNIA, do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was recorded in my office on the day of 1992 SUPERINTENDENT OF STREETS CITY OF MOORPARK STATE OF CALIFORNIA 16 CITY OF MOORPARK ASSESSMENT DISTRICT 92 -1 ENGINEER'S REPORT PART IV ANNUAL ADMINTISTRATIVE ASSESSMENT A proposed maximum annual assessment shall be levied on each parcel of land and subdivision of land within the Assessment District to pay for the necessary costs and expenses incurred, and not otherwise reimbursed, resulting from the administration and collection of assessments and /or from the administration or registration of any bonds and reserve or other related funds. This maximum assessment hereinafter set forth is authorized pursuant to the provisions of Section 10204, and said maximum assessment shall not exceed % per year of the assessment per parcel, and said sum shall only be collected to the extent monies are not available for theses services from the sale of bonds. 17 CITY OF MOORPAP ' ASSESSMENT DISTRICT 92 -1 ENGINEER'S REPORT PART V DIAGRAM OF ASSESSMENT DISTRICT A full -size copy of the Assessment Diagram (18 inches by 26 inches) is attached and is a part of the En ;ineer's Report. 18 CITY OF MOORPARK ASSESSMENT DISTRICT 92 -1 ENGI- N`EER'S REPORT PART VI (A) DESCRIPTION OF WORKS OF IMPROVEMENT AND RIGI ITS -OF -WAY TO BF. ACQUIRED DESCRIPTION OF WORKS OF IMPROVEMENT The proposed works of improvement include the widening of Los Angeles Avenue between Park Lane and Shasta Avenue, installation of traffic signals at the intersections of Park Lane and Los Angeles Avenue, Liberty Bell and Los Angeles Avenue, construction of a storm drain, water system improvements, street improvements in Park Lane, street improvements in Liberty Bell south of Los Angeles Avenue, street improvements in Liberty Bell north of Los Angeles Avenue, street improvements in Lassen Avenue and utility improvements and fees together with appurtenances and appurtenant work to benefit the properties within the boundaries of the Assessment District. DESCRIPTION OF RIGHTS -OF -WAY TO BE ACQUIRED LIBERTY BELT. Being a portion of Lot L as shown on the map of the Poindexter Subdivision recorded in Book 5, Page 5 of Miscellaneous Records (Maps), in the City of Moorpark, County of Ventura, State of California, more particularly described as follows: PARCEL A Commencing at the northwesterly corner of said Lot L and the centerline of Los Angeles Avenue; thence southerly along the common line to Lots K and L of said Poindexter Subdivision, South 0000'25" West 59.00 feet to an intersection with a line which is parallel and distant, 59.00 feet southerly, measured at right angles to the centerline of Los Angeles Avenue; thence parallel to said centerline, North 90 °00'00" East 25.00 feet to an intersection with the easterly line of Liberty Bell Road, as filed in deed recorded July 9, 1987 as Document No. 87- 109720 of Official Records, said intersection also being the True Point of Beginning; thence continuing along said line parallel to the centerline of Los Angeles Avenue, 1st. North 90 000'00" East 35.00 feet thence, 19 2nd. South 42048'02" West 36.79 feet to an intersection with a line which is parallel and distant, 10.00 feet easterly, measured at right angles to the easterly line of said Liberty Bell Road; thence along said parallel line, 3rd. South 00 1100'25" West 176.87 feet; thence, 4th. South 02 °00'37" West 177.24 feet to an intersection with the northerly boundary of Tract No. 4147 as recorded in Book 112, Page 7 of Miscellaneous Records (Maps) in the Office of the County Recorder of said County; thence along said northerly boundary, 5th. North 90 1100'00" West 3.77 feet to an intersection with the easterly line of said Liberty Bell Road; thence, 6th. North along the easterly line of said Libery Bell Road to the True Point of Beginning. Being a portion of Lot K as shown on the map of the Poindexter Subdivision recorded in Book 5, Page 5, of Miscellaneous Records (Maps), in the City of Moorpark, County of Ventura, State of California, more particularly described as follows: PARCEL B Commencing at the northeast corner of said Lot K and the centerline of Los Angeles Avenue; thence southerly along the common line to Lots K and L of said Poindexter Subdivision, South 0 °00'25" West 59.00 feet to an intersection with a line which is parallel and distant, 59.00 feet southerly, measured at right angles to the centerline of Los Angeles Avenue; thence parallel to said centerline, North 89059'46" West 15.00 feet to an intersection with the westerly line of Liberty Bell Road as filed in deed recorded July 9, 1987, as Document No. 87- 109720 of Official Records, said intersection also being the True Point of Beginning; thence continuing along said line parallel to the centerline of Los Angeles Avenue, 1st. North 89 °59'46" West 45.00 feet; thence, 2nd. South 4204731" East 36.80 feet to an intersection with a line which is parallel and distant, 15.00 feet westerly, measured at right angles to the westerly line of said Liberty Bell Road; thence southerly along said parallel line, 3rd. South 00 °00'25" West 131.87; thence, 4th. South 00 °56'39" East 90.97 feet; thence, 5th. South 0200407" East 96.36 feet thence, 20 6th. South 89 1)59'35" East 7.00 feet; thence, 7th. South 04 033'32" East 100.56 feet to the intersection with the westerly line of said Liberty Bell Road; thence, 8th. North along the westerly line of said Liberty Bell Road to the True Point of Beginning. LOS ANGELES AVENUE Being a portion of Lots K and L as shown on the map of the Poindexter Subdivision recorded in Book 5, Page 5, of Miscellaneous Records (Maps), in the City of Moorpark, County of Ventura, State of California, more particularly described as follows: PARCEL A Commencing at a point known as the centerline intersection of Los Angeles Avenue (60.00 feet wide) and Park Lane, in the City of Moorpark, County of Ventura, State of California, thence westerly along the centerline of said Los Angeles Avenue, South 90 1)00'00" West 495.88 feet; thence at right angles to said centerline, South 00 1)00'00" West 30.00 feet to an intersection with the southerly right of way of said Los Angeles Avenue, said intersection also being the northwesterly corner of that certain portion of land described in deed recorded March 17, 1989, as Document no 89- 041938 of Official Records, said intersection also being the True Point of Beginning; thence southerly along the westerly line of said deed, 1st. South 0 003'44" Last 29.00 feet to an intersection with a line which is parallel and distant, 59.00 feet, measured at right angles to the centerline of said Los Angleles Avenue; thence parallel to the centerline of said Los Angeles Avenue, 2nd. North 90 000'00" West 435.00 feet; thence, 3rd. North 89 °59'46" West 415 feet to an intersection with the easterly line of that certain portion of land described as Parcel 3 in deed recorded January 29, 1990 as Document No. 90- 014513 of Official Records; thence northerly along said deed, 4th. North 0 °00'14" East 29.00 feet to an intersection with the southerly right of way of said Los Angeles Avenue; thence, 5th. Easterly along said southerly right of way to the True Point of Beginning. 21 CITY OF MOORPARK ASSESSMENT DISTRICT 92 -1 ENGINEER'S REPORT PART VI (B) RIGHT -OF -WAY CERTIFICATE STATE OF CALIFORNIA COUNTY OF VENTURA CITY OF MOORPARK The undersigned hereby CERTIFIES UNDER PENALTY OF PERJURY that the following is all true and correct. At all times herein mentioned, the undersigned was, and is now, the authorized representative of CHARLES ABBOTT ASSOCIATES, INC., the duly appointed ASSESSMENT ENGINEER of the CITY OF MOORPARK, CALIFOkNIA. That there have now been instituted proceedings under the provisions of the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California, for the installation of certain public improvements in a special assessment district known and designated as CITY OF MOORPARK ASSESSMENT DISTRICT 92 -1 (hereinafter referred to as the "Assessment District "). THE UNDERSIGNED STATES AND CERTIFIES AS FOLLOWS: (check one) [ ] a. That all easements, rights -of -way, or land necessary for the accomplishment of the work of improvement for the above referenced Assessment District have been obtained and are in the possession of the City. [ ] b. That all easements, rights -of -way or land necessary for the accomplishment of the works of improvement for the above referenced Assessment District have been obtained and are in the possession of the City, EXCEPT FOR THOSE DESCRI13ED IN PART VI (A) showing legal descriptions of rights -of -way and easements not yet obtained at this time. It is further acknowledged that works of improvement as proposed to be installed within said Assessment District must be installed within public rights -of -way, lands or easements as owned by said City at the time of the installation of the works of improvement, and the undersigned hereby further certifies that all rights- 22 of -way necessary for the works of improvement will be obtained, and in the possession of the City prior to the conunencement of any installation. EXECUTED this day of California. 1992, at Moorpark, ASSESSMENT ENGINEER CITY OF MOORPARK STATE OF CALIFORNIA 23 CITY OF MOORPARK ASSESSMENT DISTRICT 92 -1 ENGINEER'S REPORT PART VI (C) CERTIFICATION OF COMPLETION OF ENVIRONMENTAL PROCEEDINGS STATE OF CALIFORNIA COUNTY OF VENTURA CITY OF MOORPARK The undersigned, under penalty of perjury, CERTIFIES as follows: 1. That I am the person authorized to prepare and process all environmental documentation as needed, as it relates to the formation of the special assessment district being formed pursuant to the provisions of the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California, said special assessment district known and designated as City of Moorpark, Assessment District 92 -1 (hereinafter referred to as the "Assessment District "). 2. The specific environmental proceedings relating to this Assessment District that have been completed are as follows: 3. I do hereby certify that all environmental evaluation proceedings satisfaction, and that no further environmental proceedings are necessary. EXECUTED this day of , 1992, at Moorpark, California. (TITLE) CITY OF MOORPARK STATE OF CALIFORNIA 24 CITY OF MOORPARK ASSESSMENT DISTRICT 92 -1 ENGINEER'S REPORT EXI1113IT "A" NJETI -101) AND FORMULA OF ASSESSMENT SPREAD The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the "Municipal Improvement Act of 1913 ", must be based on the benefit that the properties receive from the works of improvement. The statue does not specify the method or formula that should be used in any special assessment district proceedings. The responsibility rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligations. For these proceedings, the City has retained the services of Charles Abbott Associates, Inc. A special Assessment applicable to each Assessor's Parcel in the City of Moorpark Assessment District 92 -1, shall be imposed and collected according to the assessment liability determination by the City Council of the City of Moorpark (herein referred to as the "Council ") ,acting in its capacity as the legislative body of the City of Moorpark Assessment District 92 -1, through the application of the appropriate amount or rate for each parcel as described below. All of the property in the City of Moorpark Assessment District 92 -1, unless exempted by law or by the provisions herein, shall be assessed for this purpose, to the extent and in the manner herein provided. Such amount shall include the sums determined by the Assessment District to be necessary to pay for current and future debt service on bonded indebtedness (including redemption of bonds prior to maturity) of the Assessment District, to create or replenish reserve funds determined necessary by the Assessment District, and to pay for all administrative, maintenance, and incidental costs determined necessary by the Assessment District, and to pay for all administrative, maintenance, and construction expenses and any other services paid from special assessment proceedings. The Special Assessments will be collected until the amount of the Special Assessments paid equals the amount to be collected, and shall be based on the following: (1) A description of each lot or parcel of property proposed to be subject to the benefit assessment. The assessor's parcel number shall be and is used as a sufficient description of the parcel. 25 (2) The amount of the assessment imposed on any parcel of property shall be related to the benefit to the parcel which will be derived from the provisions of the service. (3) The revenue derived from the assessment shall not be used to pay the cost of any service other than the service for which assessment was levied. (4) The benefit assessment shall be levied on a parcel, within the boundaries of the local agency, and area of benefit. (5) The assessment shall be levied against any parcel, improvement, or use of property to which such service may be made available, whether or not such service is actually used. (6) The amount of the proposed assessment for each parcel is identified on Tables 1 and 2. (7) The basis and schedule of the assessment shall be provided as follows: It was necessary for the engineer to identify the benefit that the public improvement will render to the properties within the boundaries of the Assessment District. In order to develop an independent and impartial method for determining the Assessment of this District, we evaluated the alternative benefits and concluded a series of assumptions. In order to comply with the above apportionment strategy, an automated computerized data computation sheet (see attached "Assessment Computation Sheet ", Tables I and 2 ) was prepared to tabulate the following rationale: LOS ANGELES AVENUE STREET IMPROVEMENTS (Northside, Southside and Gisler The costs for the street improvements on Los Angeles Avenue (including construction, right -of -way, and a proportionate share of the incidental costs) were allocated based on the frontage of each parcel on Los Angeles Avenue. WATER SYSTEM IMPROVEMENTS The costs for the water system improvements ( including construction and a proportionate share of the incidental costs) were allocated based on the area of the parcels that would receive service from the new water system improvements. 26 UTILITY IMPROVE NJENTS The costs for the utilitv system improvements (including construction and a proportionate share of the incidental costs) were allocated based on the area of the parcels that would receive service from the new utility improvments. STOR \1 TRAIN (Line A Line B Line C Park Lane Branch Lassen Avenue Branch, and MacLeod Branch) The costs for the storm drain improvements (including construction, right -of -way and a proportionate share of the incidental costs) were allocated based on the area of the parcels contributing runoff to each line of the new storm drain system. PARK LANE STREET IMPROVEMENTS The costs for the Park Lane street improvements (including construction and a proportionate share of the incidental costs) were allocated based on the estimated number of trip ends that each parcel is expected to generate when developed in accordance with the City's General Plan. I,ASSEN AVENUE STREET IMPROVEMENTS The costs for the Lassen Avenue street improvements ( including construction and a proportionate share of the incidental costs) were allocated based on the estimated number of trip ends that each parcel is expected to generate when developed in accordance with the City's General Plan. LIBERTY BELL STREET IMPROVEMENTS The costs for the Liberty Bell street improvements ( including construction , right - of -way, and a proportionate share of the incidental costs) were allocated based on the estimated number of trip ends that each parcel is expected to generated when developed in accordance with the City's General Plan. TRAFFIC SIGNALS The costs for the traffic signals at the intersections of Park Lane and Los Angeles Avenue, and Liberty Bell and Los Angeles Avenue (including construction and a proportionate share of the incidental costs) were allocated based on the estimated number of trip ends that each parcel is expected to generated when developed in accordance with the City's General flan. In conclusion, it is my opinion that the assessments for the referenced Assessment District have been spread in direct accordance with the benefits that each parcel receives from the works of improvement. 27 DATED: j > >_ // _ , 1992. CHARLES ABBOTT ASSOCIATES, INC. ' � °✓ �' ' 7 <, >L�.�w it "- ASSESSMENT ENGINEER CITY OF MOOPARK STATE OF CALIFORNIA Elli Revision (6 Months of Capitalized Interest) PARCEL W _ e9 19 20 21 24 25 26 31 32 SUBTOTAL BIRKENSHAW 35 36 S U BTOTAI VENTURA PACIFIC CAPITAL 37 GISLER 42 SU BTOTAI IKSAN- LIBERTY DEV. 1 2 SUBTOTAI 4 FITCH 5 GILBERT 6 7 SUBTOTA TOTAL Tue, Jan 5, 1993 LA AVE LA AVE LA AVE PARKLANE ; STORM DRAIN_ BRANCH MAINLINE C STORM DRAIN LASSEN BRANCH STORM DRAIN STORM DRAIN MAINLINE A STORM DRAIN_ MAINLINE B $12,445 _ $4,300 $4,730 $13,690 $32,496 $11,228 - $28,693 $7,744 $51,647 $4,701 -- $3,249 $4,033 $23,715, $8,194 $10,171 =175,130 $31,701 $14,204 $11,823 $40,6541 } $52,477 $74,463 - -- $8,170 $10,142 $18,655 $17,444 $28,093 $36,263 551,457 $34,873 $45,015 $63,875 $64,146 $59,983 $82,800 1 $77,427 $117,492 I _ I $27,725 $105,802 - - - - -- $133,527 1 $123,095 $200,292 $435,59 $119,421 $77,427 1 29 Revision (6 Months of Capitalized Interest) PARCEL MACLK 11TA 19 20 21 24 25 26 31 32 SUBTOTAI BIRKENSHAW 35 36 SUBTOTAI VENTURA PACIFIC CAPITAL 37 GISLER 42 SUBTOTAI IKSAN-LIBERTY DEV. 2 SUBTOTAI OJENA 4 FITCH 5 GILBERT 6 7 SUBTOTAL TOTAL ?C-IN q--,, 22: 57 Tue, Jan 5, 1993 30 LIBERTY B e BELL BRANCH NORTH OF I SOUTH OF LAAVE SIGNALS SIGNALS STORM DRAIN LAAVE PARKLANE !LIBERTY BELLd $6,454 $40,605 $10,634 $11,663 $44,666 $11,698 $7,100 $12,829 S106,026 t $27,767 - - - - - ---------- $50,560 $10,151 $4,0171 4,8-35 $32,248 $47,676 $20,264 $1919296 $74,380 $101,198 $98,442 $75,966 $75,966 $63 583,308 $50,179 $2,080 $2,080 $129,275 $52,682 $64,380 $12,'208 §193,654 " $64,89fq 0 !!a $13,287 $49,623 W$1,287 $7,840 $36,0161 -$15,251 $16,064 $8,503 $54,080 $23,754 a 06-7 138,00?_Lj_ $297,3581, $260,472 $260,472 1911,296 30 Revislon (6 Months of Cepliallzed Interest) PARCEL 19 20 21 24 25 26 31 32 SUBTOTAI BIRKENSHAW 35 36 SUBTOTAI VENTURA PACIFIC CAPITAL 37 GISLER 42 SUBTOTAI IKSAN- LIBERTY DEV. 1 2 SUBTOTA' OJEt,A 4 FITCH 5 GILBERT s SUBTOTA TOTA Tue, Jan 5, 1993 LAAVE LAAVE LA AVE PARKLANE LASSEN J SOUTH SIDE NORTH SIDE GISLER STREET STREET v IMPROVEMENT IMPROVEMENT I $23,834 $26,217 $33,351 $36,686 $4,463 $6,246 - - _ $27,048 — $29,770 $41,658 _ 1 $80,300 $107,348 - $84,284 1 - -$1 17 941 -- $70,127 - - -- — . $215,231 — $70,127 — $153,810 — $83,681_ I i _$140,100 — 1 $140,100 $324,349 $147,431 _ $471,781 — $148,611 -- $87,279 $308,221 $333,172 $707,671 5191,029 $140,100 3 31 Revlslon (6 Months of Capitalized Interest) Tue, Jan 5, 1993 PARCEL WATER IMPROV. UTILITY IMPROV. ^UTILITY LA AVE, PARK LN LA AVE, PARK LN RCS $17,773 AND LASSEN AND LASSEN i $4,790 ' � • • fr 19 20 21 24 25 26 31 32 SUBTOTAL BIRKENSHAW 35 36 SUBTOTAL VENTURA PACIFIC CAPITAL GISLER SUBTOT IKSAN- LIBERTY DEV. SUBTOT OJENA FITCH GILBERT SUBTOT TOT rcv s , 4-� r; s TOTAL. 4 APPROX. ANAL PYM'T $14,224: _ $66,233 1 $388,067 $454,300_ ! I $14,224 $4,354 $38,096 $17,773 $203,509 $223,860 $21,335 $23,469_ $4,790 ' $41,905 _ $19,550 $11,370 $99.472 $46,407 $395,475 $41,4601 54,061_1 $2,725 $10,039 -- $38,732 $25,997 $2,709 - - $18,071 $173,394 $81,922 $18,178 $8,588 $14,392 _ $6,714 _$1,645 $8,298 $72,593 + $305,078 $31,983 $124,310+1 $1,447,967 $151,800 $61,276 $266,458 $14,224: _ $66,233 1 $388,067 $454,300_ ! $6,944 $40,684 $47,627 $14,224 G Revision (24 Months of Capitalized Interest) PARCEL BIRKENSHAW 19 20 21 24 25 26 31 32 SUBTOTAI 35 35 SUBTOTAI VENTURA PACIFIC CAPITAI 37 GISLER 42 SUBTOTAI IKSAN- LIBERTY DEV. 1 2 SUBTOTA 4 FTTCH a GILBERT E 7 SUBTOTA TOTA Tue, Jan 5, 1993 - - LA AVE LA AVE LA AVE - PARKLANE - LASSEN STORM DRAIN STORM DRAIN STORM DRAIN BRANCH BRANCH MAINLINE A I MAINLINE B MAINLINE C ! STORM DRAIN STORM DRAIN $14,596 0.5 $5,073 $16,056 $38,113 0.5 0.5 $5,561 $13,247 _ $33,653 I $9,082 -- $60,575 $5,514 $3,833 $4,784 $27,814 0.5 $9,667 0.5 $12,067 $205,402 $37,401 $16,851 $13,866 _ $9,639 $12,031_ $22,224 $20,7681 $47,681 $33,145 $41,371 $76,418 $71,414 $61,548 $42,784 $532403 S98,642 $92,182 $87,335 $60,710 $75,777 $139,970 $32,517 $105,802 i _ $138,319 ! -- J - $238,612 - 592,16 $492,604 5140,895 ' $146,031 JPN 5 '93 22:5a E 33 flevIslon (24 Moriltis of Capitalized Interest) PARCEL MACLEOD 19 20 21 24 25 26 31 32 SUBTOTAI BIRKENSHAW 35 3E SUBTOTA VENTURA PACIFIC CAPITAI 37 GISLER LIBERTY BELL NOFITH CF ROW (SF) -ACQUISITION 42 LAAVE LA AVE SIG . NALS, SIGNALS SUBTOTA IKSAN-LIBERTY DEV. LAAVE LIB. BELL SO. LAAVE --- --. SUBTOTA OjENA FITCH GILBERT SUBTOTA TOW Tue, Jan 5, 1993 JAN 1 IQ-;? :�: -•2 34 LIBERTY BELL NOFITH CF ROW (SF) -ACQUISITION LIBERTY BELL SOUTHOF LAAVE LA AVE SIG . NALS, SIGNALS BRANCH STORM DRAW LAAVE LIB. BELL SO. LAAVE --- --. PARKLANE LIBERTY BELL, $48,158 $12,462 --- ._$7 524 $8,277 $13,597 $14,956 $52.974 $13,709 $125,747 332,540 $4,708 $58,942 $5,637 $37,594 $11.834 $16,794 $55,5130, $226,879 $87,167 $117,974 $114,761 $138,559 $88,559 i $74,566 $97,119 $58,497 $2.4,25 $2,425 3816 3343 $1411,654- $61,415 $67,2941 $14,232 $209,148 $75,647 2178 $52,796 $15,490 $9,140 1147 $41,657 $17,779 L 273 $18,095 $9,913 $59,752 $27,691 Li $226,879 5161 ,733 $321,696 $303,652 $303,652 JAN 1 IQ-;? :�: -•2 34 Revlslon (24 Months of Capitalized Interest) Tue, Jun 5, 1993 3 PARCEL LAAVE ROW LAAVE _ _LAAVE LAAVE PARKLANE LASSEN FCIVTAGE I Acquisition I SOUTH SIDE NORTH SIDE GISLER STREET STREET IMPROVEMENT IMPROVEMENT' 19 20 21 24 - - 25 26 31 32 SUBTOTAL BIRKENSHAW 35 36 SUBTOTAI VENTURA PACIFIC CAPITAL GISLER e SUBTOT 1KSAN- LIBERTY DEV. SUBTOT FITCH GILBERT SUBTO7 TOl $3 - $28,086 9,161 S5.260 It $7334 35 *AN C�- Iq7 =:C� $35,081 $48,914-1 160 $31,535 475 — - -- _$93,620 1 — i $125,155 $99,322 $138,486 I $82,640 — i $82,640 I 35 *AN C�- Iq7 =:C� Revision (24 Months of Capitalized Interest) Tue, Jan 5, 1993 4 PARCEL WATER IMPA -O -V. UTILITY IMPROV. UTILITY I TOTAL APPROX. ILA AVF_ PARK l NI ! A AVF PARK 1 N : FFFS I A'NAL PYM'T i 19 20 21 24 25 26 31 32 SUBTOTAI BIRKENSHAW 35 36 SUBTOTAI VENTURA PACIFIC CAPITAI 37 GISLER 42 SUBTOTA IKSAN- LIBERTY DEV. 1 2 SUBTOTA A FITCH e GILBERT f SUBTOTA TOTA AND LASSEN AND LASSEN $5,154 $44,412 1 $48,853 $20,616 ; $238,840 $25,039 $5,689 $22,678 $262,724 $27,54_3 $13,457 $1151965 $53,831 5463,675 $48,610 $11,682 _ $45,53_5 $30,519 $4,774 $3,207 $3,200 $21,388 $16,778 S7,788 _ _ $203,553 $21,340 $1,947 $95,682 $10,031 $9,821 $84,630 $39,285 $356,231 $37,346 $72,524 $310,637 1 $144,199 $1,696,759 $177,883 I $78,529 $8,233 $16,835 $458,064 $48,022 $56,255 $16,835 $536,593 $1,545 437 $162,019 $30,836: $265,732 $123,354 $45,928 I $256,127 I $26,852 _ $105,802 $361,929 $11,092 $45,928 _ $37,943 $562,901 $59,013 $244,996 ' $25,685 _ $807,896: $84,697 $233,063 $24,434 _ $105,913 $11,104 $59,436 $6,231 $28,007 $2,936 $87,443 $9,167 $313,482 $5 -75,033 L $120,196 ' $576,369 1 $563,501 36 PROTEST BY LANDOWNER OF PROPOSED ASSESSMENT RELATING TO CITY OF MOORPARK ASSESSMENT DISTRICT NO. 92 -1 TO: Lillian Hare, City Clerk, City of Moorpark, California In accordance with the provisions of Section 10310 of the Streets and Highways Code of the State of California, the undersigned protests the hereinafter described proposed municipal improvement that is scheduled for hearings by the Moorpark City Council at the Moorpark City Hall, 799 Moorpark Avenue, Moorpark, California, on Wednesday, January 6, 1993 at 7:00 o'clock p.m. and on January 20, 1993, at 7:00 o'clock p.m. In support of this protest, the undersigned respectfully represents: 1. On August 19, 1992, the Moorpark City Council adopted a resolution of intention to order certain improvements. 2. The undersigned has power of attorney, a copy is attached, with regard to the Charles J. Gisler Trust, the owner of Assessor's Parcel No. 511- 08 -42, located at 635 Los Angeles Ave., in Moorpark, California (hereafter referred to as the "Gisler property "). 3. The Gisler property described above in Paragraph 2 is within the exterior boundaries of the proposed assessment district. 4. The undersigned protests the proposed improvements and assessment district upon the following grounds: a. The proposed assessment is in no way economically possible and can not be paid by the Gisler property owner, for reasons more fully set forth in the Roger C. Gisler's and Joyce Gisler Kelly's December 17, 1992 letter to the City of ISFI: \BAK- 381\0001 1531MPI — RECEIVED — J AN 0 6 5993 City of Moorpark Moorpark Mayor, City Council, and City Clerk, which is attached hereto and incorporated by reference. b. The Notice provided and the Preliminary Report of Engineer, dated November 1992, (hereafter "Engineer's Report ") do not legally describe the amounts proposed to be assessed to the parcels with sufficient particularity to enable an evaluation of the method of allocation or alleged benefit to each parcel. For example, the Engineer's Report sets forth preliminary estimated costs that do not correspond to the costs set forth on the spread sheets attached as tables to the Engineer's Report. As these inadequate spread sheets apparently form the basis for the individual parcel's proposed assessment, as set forth in the notice, there is inadequate evidence regarding the alleged benefit and insufficient notice in violation of -due process requirements to allow the Council to legally pass on the proposed assessments. C. There is absolutely no basis to assess Utility Fees of $50,057 to the Gisler property. There is no explanation regarding this fee (or its alleged benefit to the Gisler property) that is contained in the Engineer's Report. Furthermore, as none of the "Utility Improvements ", as described in the Engineer's Report, are beneficial to the Gisler property any assessment of a utility fee is grossly unfair and disproportionate to any unstated benefit. Therefore, the Utility Fee proposed assessment is without any legal basis and cannot be assessed to the Gisler property. d. The proposed assessment of $175,507 regarding the L.A. Avenue (Gisler) improvements is unfair and without any I SF 1:1BAK- 3 8 1 10001 1 5 31. W PI -2- rationale or reasonable relation to the alleged benefit. This is particularly true as the Gisler property is residentially zoned. For this reason, the proposed improvements- -which solely and uniquely benefit the commercial property to be developed -- will not benefit the Gisler property, but rather very likely will have a negative impact on its value and beneficial use. Residentially zoned property that is proximate to commercially developed property could potentially have an increased benefit if similarly zoned or developed. As the Gisler property can only be developed for residential use, its proximity to heavy commercial development, which is proposed by the assessment district, is not beneficial. Each and every proposed improvement for which assessment to the Gisler property is being considered is similarly detrimental to the value and beneficial use of the Gisler property. e. All or most of the improvements contemplated by the Preliminary Engineer's Report regarding the Gisler property will have little or no beneficial impact to the property. The benefit, which is considered to be grossly disparate to the proposed assessments, is to the City of Moorpark and not to the Gisler property owner's. The improvements contemplated are the expressed and implied obligations of the City of Moorpark, pursuant to the terms of the May 1988 Purchase Agreement. In that Agreement, the City of Moorpark agreed to perform certain improvements to the Gisler property, including storm drainage work, that are substantially similar to the improvements proposed by the Engineer's Report. In consideration of a low cash payment, a portion of the Gisler property was ISF1: \BAK- 381 \00011531 WPI -3- deeded to the City of Moorpark with the understanding that certain improvements and upgrades would be the City's obligation. The City's proposed assessment and improvement with regard to ^the Gisler property is inconsistent with the intent of The Purchase Agreement that transferred certain property interests to the City for a sum that included "compensation for the land and improvements within the herein real property boundaries." Therefore, it is unjust and inequitable to assess the costs of the alleged improvements to the Gisler property even if the assessment could somehow be paid by Mrs. Myrtle Gisler, an 86 year old pioneer Moorpark resident who is living on a fixed income. Mrs. Gisler does not have sufficient resources to pay the proposed assessment. Therefore, as a matter of public decency, the City Councils must exempt her from Assessment District 92 -1. WHEREFORE, the undersigned prays that the Moorpark City Council find that the objections and grounds stated above are supported by the evidence, and that the proposed assessment district be modified to exclude the Gisler property from Assessment District 92 -1, or alternatively that the improvements be abandoned. DATED: January 6, 1993 By Roger C. Gisler ISF 1 ABAK -381 \0001 1531. W PI -4- RECEIVED JAN 4 M3 City of MoorpaA 1%?e it z - - - -- -- - -- �/`// 9 -3- - - - - - 749 /�1QO P,42K Ave .. TtfE U�aE,esiGnr� ,�P,eES �rT— ,iP,P.oPETJ' r�.� As A. P. nl, Sod - oS - / 2 R�vl� IW1 t/ :57- To l,2o�,?Ty T o uW-9/ To �97-TE- o,8 ✓E on/ TD 8� /!y. - T� �vs /oo�eP. �sssr��Nr 1�isJ,ei�T 92 -1 . _ a�✓�cT" To �y �� - .�le�� J��e�raevs /• i own��es I970' ,"A97- r6A) Lis QviR�� y Tim f��si 1sr�sTWI cT 2. >� T/1ni1vl? ol,= 777z7115 i AVD T�-i!E�7 7o EXcz--USE �C�2 70s 7)1--57-,R1e--7' //3�i2Ty. lYE"zL /1�'4,-e7xeroS . - /�fiTIZ/� •Munrf3- ��N�u- T'�Tnlen. RECEIVED JAN 0 6 1993 City of Moorpark PROTEST TO NOTICE OF ADOPTION OF RESOLUTION OF INTENTION AND OF RESOLUTION PRELIMINARILY APPROVING AN ENGINEER'S REPORT AND SETTING PUBLIC HEARINGS RELATING TO THE CITY OF MOORPARK ASSESSMENT DISTRICT NO. 92 -1 (MISSION BELL PLAZA) 1. The undersigned, MARY EDITH BIRKENSHAW and EVA LOUISE BIRKENSHAW McGUIRE are the owners of the property described as Ventura County Assessor's Parcel No. 511 -08 -35 and 36 and identified as such in said Notice. 2. Said property is presently being used for agricultural purposes with a single family residence located thereon. Said residence was constructed in 1919. Owner, MARY EDITH BIRKENSHAW, has resided on the premises from 1919 to the present date. Owner, EDITH LOUISE BIRKENSHAW McGUIRE presently spends three (3) to four (4) months per year residing on the premises with her sister MARY EDITH BIRKENSHAW. 3. Neither owner has any present development plans for their property. 4. Neither owner has any intent to sell or otherwise transfer the property. 5. Both owners intend to continue to use the property for farming purposes and for personal residential purposes. 6. Inasmuch as there is no foreseeable future development of the owners' property, there is no benefit to said property from inclusion in Assessment District No. 92 -1 (Mission Bell Plaza) or from the proposed improvements. 7. Who does benefit? The owners are being forced, involuntarily, to provide $553,763.00 of financing for off -site improvements for the benefit of the K -Mart, Macleod and other properties with current development plans. 8. Owners further protest the allocation of the assessments 1 on the ground that the benefits to developing properties far exceed any benefit to owners' property. Owners' allocations are as follows: $ of Total Dollar Amount Parklane 21% 80,931.00 Water 14% 18,363.00 Storm Drain A 12.6% 64,738.00 Storm Drain B 30% 45,858.00 Storm Drain C 37% 58,988.00 Parklane Drain 41% 1181314.00 Lassen Drain 100% 1031771.00 LA Avenue Signal 25% 77,392.00 9. Owners' property taxes will be increased from $11,907.74 to $69,962.74 per year for 20 some years. A percentage increase of over 600 %. A total dollar increase of $1,161,000.00. 10. Inclusion of the owners' property in Assessment District No. 92 -1 will constitute arbitrary and capricious conduct and will result in the taking of private property for public use without just compensation and without benefit to the owners. 11. Said Notice contains no reference to any legal authority authorizing the creation of the District or the assessment. (No statute, legislation, or otherwise). The owners are entitled to know the legal basis for same and the failure to so provide said authority constitutes a violation of owners' rights to procedural due process. 12. Owners have, to the best of their knowledge, received no written notice of the hearing adopting Resolution No. 92 -880 (the Resolution of Intention) or the engineer's report and object to this hearing on the grounds of a violation of procedural due process. 13. In view of the foregoing, owners protest: A. Inclusion of their property in Assessment District No. 92 -1. B. Assessment of $553,763.00 or any other amount against their property. C. The regularity and /or sufficiency of the proceedings. E D. The allocation of assessments within the District. 14. Owners request exclusion of owners' land from Assessment District No. 92 -1. 15. Owners request a special finding concerning benefits if any, including owners' present use, reasonable prospective use, topography, effect of adjoining property and improvements thereon, lack of site prominence related to traffic, drainage and traffic lights, present and prospective access and any other pertinent factors related to inclusion or the allocation of assessments. 16. Please direct any correspondence to Owners at 251 Moorpark Avenue, Moorpark, California 93021 with a copy to LOWTHORP, RICHARDS, McMILLAN, MILLER, CONWAY & TEMPLEMAN, A PROFESSIONAL CORPORATION, Post Office Box 5167, Oxnard, California 93031, Attention: Richard A. Richards, Esq. We hereby certify that the foregoing is true and correct to the best of our information and belief. Dated: January 6, 1993, at Moorpark, California. "OWNERS" MARY EDITH BIRKENSHAW 1� C EVAN- 'LOUISE B KENSHAW McG IRE 3 Ordw w. ` — ''`m-4cm C0. - Eaves Mo. Rao !a• : DOC Recorded PCO WHEN RECORDED MAIL TO: official Records : Total Ei.s Louise Birkenshaw County of McGuire Ventura rost Office r'3x 1960 I:lchard D. Dean Moorpark, CA 93020 R"order 11 :o0a■ 16- Sep -es c►xx ANC Y1 TWO LWA FM IECt)11 NOM UK MAIL TAX STATUMENTS TO: 00011 INW Yrwv i = L 1 -SAKE AS ABOVE- 2L Caw as sw a v0dwbw 4v me of /'p/A'semosOaR C/i 00waft Sos+....rre..r.w•..rrri aaWwEWMsawrs MEWAR aaow.dula FIRST A. FRICAN TITLE INSLR AWT COWNY _ dq-W �r f 'W 511_'0 -+o -3 P 90MLAHrI MD FOR A VALUABLE COMIDERATMN. r.e.ipt of which Is loby &*nowkApot B ,tty Lou Birkenshat as trustee of the Estate of George E. Birkenshaw do 1wreby fAEMKE. RELFASE AI/D FOREVER il11TCLIW to Eva Louise Birk -nshaw Ac(`uir'e. who acquired title as Eva Louise Birkenshaw Ow Md P"Mty M 00 Chy of Omunw of Ventura . Bow of cdoomis. d - s Parcel 2, of Parcel Map No. 3781, in the Comity of Ventura, State of California. as shown upon a w3p filed i I Buck 38, pages 58 and 59 of Parcel Maps, in the Office cif the County Recorder of said County. EXCEPTING TSEI FMtOH AND TO BE RESLWW BY THE NITHIIQ SELLIM, all oil, gas and mineral rig ;hts without the right of iurfbce entry within the upper five hundred (500) feet thereof. DLWd cc,— AkG u i r ' �aF� InR M �M4 � M,�ry �,tle M N Ur VM Mri rw A t>'ry Loa_ IJ j: x &sBAyi/ us=es* Iwww Y ob W 0 to as M an M4 of rAcby M f, W A„ wft woe GM l ►Rr►w08~ U an woo b"bans t red Wopsufteew :t se C W %&ftk R%" �swwf so smm s>fl1�A aw kW wW 40a wrl Im . .Q Bt!tt L Bi rYe i as trustee of the Estate of Georcte E. Firkenshaw i mAM." • 1i1M ,ass fw" STATE OF CALIFORNIA ) ss. j COUNTY OF VENTURA ) {11 On this 15th day of August, 1988, before me,. the undersigned, a t'otary Public in and for said State, personally appeared BETTY LOU 31MILMHAW, Trustee, personally known to me for proved to me on the basis of satisfactory evicence) to be the person whose name is subscribed to the within instr%,-ment af. Trustee of the Estate of George T... sirkenslaw, and acknowledged to me that she executed the name. • WITNESS my hand and official seal. Notary Public ......rod P-1 ---v P-i ftu h ,-q. ", v i• 1 � k{ M Ordw me. keowW AT NKAW Of Lcan Nam FIRST AMERICAN T(TU INS. CC MIMEN RECCIIDfD MAIL TO: Veda Birkenshaw Post Office Box 1460 Moorpark, CA 13020 MAIL TAX SUTEiIENTE TO: -SAME AS ABOVE- WACE A"oyi Tmts LINE foot "acorn ERs U$a 000.mllon111 o.ep.ee/ r ar. wdiMi � •.w-- el pesat : • Aorwgek o11 _ L1rwEnM M ee �aeett neAa A� wb� Iea MA M wenleee�rw � wow et Mr of Bela FIRST AWRICM TI'tE INSURANCE COW-My 9MCLAIM KIED FOR A VALAIADU COPWOUtATION. tm opt of wMdh k MrAy admWXV lyd. Veda Bitiaenehee . AIUt VMS H. Birsormhow, ammrtor of the Drtate of Howard J. Elrlemah m duly appointed 1 y ort ar of tl e Ventura Cmrtty SL*x!rior Coirt to Dc may r• 7, 1987 p rsuarrt to the Irx*pends'tt Acednistratian of Estates and Veda H. Biriaftvihm in dividmlly do berry REMME, RELLSSE AND FOREVER GUtTCLAW to Mary Edith Bitiom show ow .vW psgs+ty in ON Chy of Moo ,park Couv y of Ventura . tuts of GiManik vetvfd a Parcel 2, of Parcel Map No. 3781, in the Coun-:y o:' Ventura, State of California, as shown upon a map filed i:i Book 38, pages 58 rnd 59 of Parcel Maps, in the office of the County Re.:order of said County. EXCEPTING TMPRIarROM A: D TO BE RESERVED BY TSB ►tI11FIN SELL 1, all oil, gas and mineral right& without the right of surface entry within the upper five hundred (500) !eet thereof. fA►li CI oAl s•Oleell lea oouwrvcw • boom as Ms awaxworm%a 06"v Free w WW Iw.td faint fe•• ea"romd VWa+w been b er OF Wo" t ) so OR go b re v meter % rr eAft� Y be me pmbm" vemm www" hAm wiffiveftwo b ee .0l.ft 60WO N OW enter Aedd to nr 00 k Ar+Aeer erare� �4/2�.. . -- - Veda H. Birkensham, AEA Vey 9lrkensharr_ Sre�•�� n _ __ Veda d. Birkenshaw, AKA Veda Birkenshaw. Individually__ Roo Fee 7.00 t DOC A5,•05 Recorded l *CO 20'00 Dffiofal Records 1 Total ..81•� Count, of I Vent•.ra Richard 1 . Dean 1 Reco• der 1 C-0 2 61006m 11' -sevea I WACE A"oyi Tmts LINE foot "acorn ERs U$a 000.mllon111 o.ep.ee/ r ar. wdiMi � •.w-- el pesat : • Aorwgek o11 _ L1rwEnM M ee �aeett neAa A� wb� Iea MA M wenleee�rw � wow et Mr of Bela FIRST AWRICM TI'tE INSURANCE COW-My 9MCLAIM KIED FOR A VALAIADU COPWOUtATION. tm opt of wMdh k MrAy admWXV lyd. Veda Bitiaenehee . AIUt VMS H. Birsormhow, ammrtor of the Drtate of Howard J. Elrlemah m duly appointed 1 y ort ar of tl e Ventura Cmrtty SL*x!rior Coirt to Dc may r• 7, 1987 p rsuarrt to the Irx*pends'tt Acednistratian of Estates and Veda H. Biriaftvihm in dividmlly do berry REMME, RELLSSE AND FOREVER GUtTCLAW to Mary Edith Bitiom show ow .vW psgs+ty in ON Chy of Moo ,park Couv y of Ventura . tuts of GiManik vetvfd a Parcel 2, of Parcel Map No. 3781, in the Coun-:y o:' Ventura, State of California, as shown upon a map filed i:i Book 38, pages 58 rnd 59 of Parcel Maps, in the office of the County Re.:order of said County. EXCEPTING TMPRIarROM A: D TO BE RESERVED BY TSB ►tI11FIN SELL 1, all oil, gas and mineral right& without the right of surface entry within the upper five hundred (500) !eet thereof. fA►li CI oAl s•Oleell lea oouwrvcw • boom as Ms awaxworm%a 06"v Free w WW Iw.td faint fe•• ea"romd VWa+w been b er OF Wo" t ) so OR go b re v meter % rr eAft� Y be me pmbm" vemm www" hAm wiffiveftwo b ee .0l.ft 60WO N OW enter Aedd to nr 00 k Ar+Aeer erare� �4/2�.. . -- - Veda H. Birkensham, AEA Vey 9lrkensharr_ Sre�•�� n _ __ Veda d. Birkenshaw, AKA Veda Birkenshaw. Individually__ J; i t le, rk lcr if aq,-. th e C, w r e r -" f ',� ., �- � s - r� r I , . n1 l .- y J o 11 a i i,l -1 f r- rr, hr, j- t rl c ', RECEIVE j pi 0 5 419043 C-Ity of Moorpark 99 VENTURA PACIFIC CAPITAL COMPANY REAL ESTATE MANAGEMENT & DEVELOPMENT 340 Rosewood Avenue / Suite D / Camarillo, Calijomia 93010 / (805) 987 -6921 Mailing Address: P. O. Box 179, Camarillo, Califiomia 93011 Ms. Lillian Hare, City Clerk City of Moorpark 799 Moorpark Ave. Moorpark, CA 93021 Re: Assessment District No. 92 -1 Assessor's Parcel No. 511 -08 -37 Dear Ms. Hare: Ventura Pacific Capital Group VI, the property owner of Assessor's Parcel No. 511- 08-37, hereby withdraws its protest to the imposition of the Assessment District as of the date of this letter. Date: 1/4/93 4 VENTURA PACIFIC CAPITAL GROUP VI, California limited a partnership By: L en6 N.:Spond lo, Jr., Gener ' Part r ' By: Richard Devericks, General Partner By: VENTURA PACIFIC CAPITAL GROUPS, INC., a California corporation, General Partner 71 By: Neno N Spqvfdello, Jr. Preside cc: David Ghirardelli Mitch Kahn Ken Gilbert Charles Abbott D: \WP \GROUP6 \PROTESr.AD Ventura Pacific TEL :805 -987 -0074 Jan 05.93 '11:04 No.001 P -01 VENTURA PACIFIC CAPITAL COMPANY REAL. ESTATE MANACiEMLNT & D,F.VELOPMENT VP 340 Rosewood Amwe / Suite D / CainariflA Wfonda 93010 / (805) 987 -6921 MailingAddrecr: P. O. Box 179, Camarillo, 00ijania 93011 January 5, 1993 VIA FACSIMILC/UA MAIL Ms. Lillian Hare City Clerk City of Moorpark 799 Moorpark Ave. Moorpark, CA 93021 Re: Assessment District No. 92-1 Assessor's Parcel No. 511 -M -37 PROTEST Dear Ms. Hare: Ventura Pacific Capital Group VI ( "VPCG ") Is the owner of that certain property identified as Assessor's Parcel No. 511 -M -37 in the City of Moorpark One of the conditions of the Commercial Planned Development Permit and Tentative Tract Map was the VPCG agree to the imposition of an Assessment District for certain public Improvements, reserving, however, the right to protest the amount and the spread of the cost of the proposed improvements. Paragraph 2 of the petition that VPCG initiated regarding the Assessment District, which was prepated by the City's Bond Counsel, indicated an estimated cost of $3,000,000.00 for the necessary acquisitions and improvements. Subsequently, VPCG received a notice dated December 4, 1992, concerning the two hearings to be conducted in January, 1993. That notice indicated that the estimated cost of improvements is now $5,610,000.00. A substantial portion of the increase is due to a reserve for interest should certain properties be granted a deferred assessment for a period of up to two years. The amount of the interest reserve is approximately $840,000.00. Both the concept and the interest reserve is unacceptable to VPCG. D: \W r\OROUpb \1FR01F.S rA13 JAN 5 '93 11: e4 FR9 9Fr7 AA7a mr.F - AAi Ventura Pacific Ms. Lillian Hare January 5, 1993 Page Two TEL :805- 987 -0074 Jan 05,93 11:04 No.001 P.02 There is also an amount set aside of approximately $500,000.00 for acquiring the necessary easements from the Gisler Trust that we believe should either be dedicated to the District by the Gisler Trust or charged directly to the Gisler Trust because of the significant benefits to the Gisler property resulting from the work of improvement. In addition, approximately seventy percent (70%) of Lassen Avenue road improvements have been allocated to VPCG which is not consistent with the respective benefits to be derived by all the property owners using Lassen Avenue in addition to VPCG. At this time, Ventura Pacific Capital Group VI protests the amount and the spread of the assessment proposed for Assessor's Parcel No. 511 -08 -37 within Assessment District No. 92-1. Ventura Pacific Capital Group VI reserves its option to withdraw its protest at the time of the first or second hearing if its principals determine that the amounts or the spread of the proposed assessments have been adjusted in a satisfactory and appropriate manner, V13NTURA PACIFIC CAPITAL. GROUP VI, a Californi It 'ted partnership By: ` - LNena N. Zner n o, Jr, General By; 4:2'p chard I)everic s, General Partner By: Cc. David Ghirardelli Mitch Kahn Ken Gilbert Charles Abbott D : \WP\QR0UP4 \PR07Wr.AT) VENTURA PACIFIC CAPITAL GROUPS, INS Ge By JAN 5 '93 1105 005 907 0074 PAGE.002