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AGENDA REPORT 220/)n-,
TO: Honorable City Council
FROM: Dave Klotzle, City Engineer/Public Works Director ,
DATE: November 8, 2013 (CC Meeting of 11/20/13)
SUBJECT: Consider Resolution Approving the Engineer's Report and Ordering
the Annexation of Shea Homes Tentative Tract 5425 to Landscaping
and Lighting Maintenance Assessment District 06-01, and
Confirming the Assessment Amounts for Fiscal Year 2014/15
DISCUSSION
Shea Homes is the developer of Tentative Tract 5425 (Tract), generally located south
of Los Angeles Avenue at Fremont Street. The conditions of approval for the Tract
require the developer to construct certain parkway landscaping improvements within
and/or adjacent to the Tract. The conditions of approval also require that an
assessment district be formed to fund certain City maintenance costs for these
improvements.
Shea Homes was also the developer of the existing residential community, Tract 5133,
located immediately to the east of, and adjacent to, Tentative Tract 5425. In June 2006,
Landscaping and Lighting Maintenance Assessment District 06-01 (AD 06-01) was
formed to fund the City maintenance costs for certain landscaping improvements
installed by Shea Homes during the development of Tract 5133. Rather than form a
new assessment district, staff has determined that the maintenance costs related to the
landscaping improvements to be installed by Tentative Tract 5425 should be annexed
to AD 06-01.
On October 16, 2013, the City Council accepted and approved a Petition and Waiver
from Shea Homes requesting the annexation of Tentative Tract 5425 into Assessment
District AD 06-01. At the same meeting, the City Council adopted Resolution No. 2013-
3232 initiating proceedings for the annexation and directing the preparation of an
Engineer's Report.
On November 6, 2013, the City Council adopted Resolution No. 2013-3237 of intent to
annex Tentative Tract 5425 into Assessment District AD 06-01, preliminarily approving
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Honorable City Council
November 20, 2013
Page 2
the Engineer's Report and setting November 20, 2013 as the date of a public hearing to
consider the levy of assessments provided for in the Engineer's Report.
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 for annexation of Tentative Tract 5425 into Assessment District
AD 06-01(Attachment 1) contains a description of the improvements to be maintained,
the method of apportionment and the amount of assessment. Properties within the
annexation area of Tentative Tract 5425 are referred to as Zone of Benefit "B," while
the properties within the original AD 06-01 of Tract 5133 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 amount of FY 2014/15 annual assessment for the City-maintained improvements in
Zone B is proposed to be $109.77 per lot. A backup assessment amount of $48.01 per
lot is established in the Engineer's Report for the Homeowner's Association (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 aforementioned Petition and Waiver, signed by Shea Homes and approved by the
City Council on October 16, 2013, set the maximum authorized assessment at the
existing, approved AD 06-01 limit for FY 2013/14 of $479.20 per lot including the
backup assessment for the HOA maintained improvements. The current FY 2013/14
AD 06-01 assessment levied on the Tract 5133, "Zone A" properties is $104.30 per lot.
A City Council Resolution approving the Engineer's Report and ordering the annexation
of Shea Homes Tentative Tract 5425 to Landscaping and Lighting Maintenance
Assessment District 06-01, and confirming the assessment amounts for Fiscal Year
2014/15. is required to proceed with the annexation (Attachment 2).
FISCAL IMPACT
Shea Homes has paid the required fee to cover all City and Assessment Engineer costs
related to the annexation to AD 06-01.
S:\Public Works\Everyone\Reports\Staff Reports\2013\November\11-20-2013(Approve TR 5425 Annex to AD 06-01).doc 2
Honorable City Council
November 20, 2013
Page 3
STAFF RECOMMENDATION
1. Open the public hearing, take public testimony and close the public hearing.
2. Adopt Resolution No. 2013 - approving the Engineer's Report and ordering
the annexation of Shea Homes Tentative Tract 5425 to Landscaping and Lighting
Maintenance Assessment District 06-01, and confirming the assessment amounts
for Fiscal Year 2014/15.
Attachments:
1 — Engineer's Report
2 — Resolution 2013 -
S:\Public Works\Everyone\Reports\Staff Reports\2013\November\11-20-2013(Approve TR 5425 Annex to AD 06-01).doc 3
Attachment 1
CITY OF MOORPARK
ANNEXATION OF TENTATIVE TRACT MAP No. 5245 [SHEA HOMES]
INTO CITY OF MOORPARK LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT No.AD06-01
ENGINEER'S REPORT
FISCAL YEAR 2014-15
OCTOBER 2013
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972
AND ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION
-. "
ENGINEER OF WORK:
SClConsultingGroup
4745 MANGELS BOULEVARD
FAIRFIELD,CALIFORNIA 94534
PHONE 707.430.4300
FAX 707.430.4319
www.sci-cq.com
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TABLE OF CONTENTS
ItdTRltt 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&SpEamiteas,,,,,,,,,,,,,,, 4
FISCAL YEAR 201415 ESTWaTE OF COST A BUDGET 6
CAPITAL IMPROVEMENT RESERVE FUND 7
Mutton APPORTIONMEME 8
METHOD OF APPORTIONMENT 8
DISCUSSION OF BENEFIT 8
GENERAL VERSUS SPECIAL BENEFIT 9
Quantification of General Benefit 11
ZONE OF BENEFIT 12
METHOD OF ASSESSMENT 12
ASSESSMENT APPORTIONMENT 13
APPEALS AND INTERPRETATION 14
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ASSESSMENT Dimwit 17
2014-1S ASSESSMENT Rau. ..,,,,,,,,,,,,,,,,,,..,,,„„,,,,,.,,, ,..,,,,,,,.,,,,,.,,„ .,,,,, 18
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PAGE 1
INTRODUCTION
OVERVIEW
The City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD-
06-01 (the "District") was formed to June 2006 to provide funding for maintenance of
parkway landscaping and drainage improvements within and adjacent to the Tentative
Tract 5133 (Shea Homes) located south of Los Angeles Avenue at Millard Street. It is now
proposed that Tentative Tract 5425 be annexed into the District in order to provide funding
for maintenance of parkway landscaping and drainage improvements within and adjacent
to Tentative Tract 5425 (Shea Homes) located south of Los Angeles Avenue at Fremont
Street (the "Annexation Area"). This annexation results from agreements or conditions of
development approval, between the City of Moorpark and the developer of Shea Homes
whereby the City and developer agreed on parkway 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 2014-15 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 owners 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 November
20, 2013 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 2014-15. If the assessments
are so confirmed and approved, the levies would be submitted to the County
Auditor/Controller in July 2014 for inclusion on the property tax roll for Fiscal Year 2014-15.
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
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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 clearly
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
2014-15 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.CrrY 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 Hill 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.
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CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT N.O.AD 06-01 ANNEXATION ConsultingGroup
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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. AD06-01 (the "District")
and the cost thereof paid from the levy of the annual assessment provide special benefit to
Assessor Parcels within the District as defined in the Method of Assessment herein.
Consistent with the Landscaping and Lighting Act of 1972, (the "Act") the work and
improvements are generally described as follows:
Within the District, the improvements to be maintained are generally described as the
maintenance and servicing of parkway landscaping and storm water quality facilities, 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 5133 located south of Los Angeles Avenue at Millard Street and
Tentative Track 5425 located south of Los Angeles Avenue at Fremont Street (Shea
Homes). 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
with any elections held for the approval of a new or increased assessment. (Streets &
Highways Code§22526).
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The assessment proceeds will be exclusively used for Improvements within the 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.
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FISCAL YEAR 2014-15 ESTIMATE OF COST AND BUDGET
Description of Improvements to be maintained:
Parkway Improvements-City Maintained
The maintenance of parkway landscape improvements along Los Angeles Avenue frontage.
Drainage Improvements-City Maintained
The maintenance of filtration systems, nine seven foot catch basins, four fourteen foot catch basins and
storm drains located throughout the District.
Parkway Improvements-HOA Maintained
The maintenance of parkway landscape improvements along Edenbridge Road.
Estimate of Cost FY 2014-15
Parkway Landscaping(City Maintained)
Landscaping Maintenance&Replacement Cost $4,437
Contingency(20%) $887
Operation&Administrative Costs $1,000
Total City Maintained Parkway Landscaping $6,324
Drainage(City Maintained)
Drainage Maintenance&Replacement Cost $2,952
Contingency(20%) $590
Operation&Administrative Costs $1,000
Total City Maintained Drainage $4,542
Parkway Landscaping(HOA Maintained)
Landscaping Maintenance&Replacement Cost $3,961
Contingency(20%) $792
Total HOA Maintained Landscaping $4,753
Total Levy to Budget $15,620
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Estimate of Cost FY 2014-15 Continued
Budget to Assessment
Total Assessment Budget City Maintained Landscaping&
Drainage $10,867
Total EDUs 99.00
Assessment Per EDU City Landscaping&Drainage $109.77
Total Assessment Budget HOA Maintained Landscaping $4,753
Total EDUs 99.00
Assessment Per Acre Parkways $48.01
Total Assessment Budget $15,620
Total EDUs 99.00
Total authorized fiscal year 2014-15 assessment rate $157.78
Proposed fiscal year 2014-15 assessment rate $109.77
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.
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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 5425 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 06-01 ANNEXATION Consulting Group
ENGINEER'S REPORT,FY 2014-15
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 5425 located south of Los Angeles
Avenue at Fremont Street shall be referred to as Zone of Benefit B or Zone B. All other
properties within the District, Tentative Tract 5133 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
Family Equivalents (SFE). This SFE methodology is commonly used to distribute
CITY OF MOORPARK —�
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT No.AD 06-01 ANNEXATION IConsultingGroup
ENGINEER'S REPORT,FY 2014-15
17
PAGE 13
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 5425 consist of 99 condominium
units 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 2014-15 assessment rate per equivalent
dwelling unit for property in the Annexation Area, Zone B is $157.78. The proposed fiscal
year 2014-15 assessment rate per equivalent dwelling unit for property in the Annexation
Area, Zone B is$109.77.
CITY OF MOORPARK
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT N0.AD 06-01 ANNEXATION ` ConsultingGroup
ENGINEER'S REPORT,FY 2014-15
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
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT NO.AD 06-01 ANNEXATION Consulting Group
ENGINEER'S REPORT,FY 2014-15
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 5425 (Shea Homes) into the City of Moorpark
Landscaping and Lighting Maintenance Assessment District No. AD06-01;
WHEREAS, said Resolution directed the undersigned Engineer of Work to
prepare and file a report presenting an estimate of costs, a diagram for the assessment
district and an assessment of the estimated costs of the improvements upon all
assessable parcels within the assessment district, to which Resolution and the description
of said proposed improvements therein contained, reference is hereby made for further
particulars;
NOW, THEREFORE, the undersigned, by virtue of the power vested in me under
said Act and the order of the City Council of said City of Moorpark, hereby make the
following assessment to cover the portion of the estimated cost of said improvements, and
the costs and expenses incidental thereto to be paid by the assessment district.
The amount to be paid for said improvements and the expense incidental thereto,
to be paid by the City of Moorpark Landscaping and Lighting Maintenance Assessment
District No. AD06-01, Zone B for the fiscal year 2014-15 is generally as follows:
SUMMARY COST ESTIMATE
F.Y. 2014-15
Budget
Landscaping Maintenance $8,398.00
Drainage Maintenance $2,952.06
Operation&Administrative Costs $4,270.01
Total Levy to Budget $15,620.07
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. AD06-01. The distinctive number of each
parcel or lot of land in the said City of Moorpark Landscaping and Lighting Maintenance
Assessment District No. AD06-01 is its Assessor Parcel Number appearing on the
Assessment Roll.
CITY OF MOORPARK
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT O.AD 06-01 ANNEXATION ConsultingGroup
ENGINEER'S REPORT,FY 2014-15
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PAGE 16
And I do hereby assess and apportion said net amount of the cost and expenses
of said improvements, including the costs and expenses incident thereto, upon the parcels
and lots of land within said City of Moorpark Landscaping and Lighting Maintenance
Assessment District No. AD06-01, 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 City of
Moorpark Landscaping and Lighting Maintenance Assessment District No. AD06-01 in
proportion to the special benefits to be received by the parcels or lots of land, from said
improvements.
The assessment is subject to an annual adjustment tied to the Consumer Price
Index for 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 AD06-01 as specified in the
Assessment Apportionment section of this Engineer's Report.
Each parcel or lot of land is described in the Assessment Roll by reference to its
parcel number as shown on the Assessor's Maps of the County of Ventura for the fiscal
year 2014-15. 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 2014-15 for each
parcel or lot of land within the said City of Moorpark Landscaping and Lighting
Maintenance Assessment District No. AD06-01.
Dated: October 28, 2014
_ Engineer of Work
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CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT ISO.AD 06-01 ANNEXATION ConsultingGroup
ENGINEER'S REPORT,FY 2014-15
21
�os Angeles U
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� _ I
Tract 5425
(Annexation Area)
11:>,
FILED IN THE OFFICE OF THE CITY CLERK OF THE
CITY OF MOORPARK,COUNTY OF VENTURA,
CALIFORNIA, Parcels
THIS DAY OF ,2013.
Tract 5425 (Annexation Area)
CITY CLERK N II AD06-01 (Existing District)
RECORDED IN THE OFFICE OF THE DIRECTOR Streets
OF PUBLIC WORKS OF THE CITY OF MOORPARK,
COUNTY OF VENTURA,CALIFORNIA,THIS
DAY OF ,2013. FILED THIS DAY OF
2013,AT THE HOUR OF O'CLOCK
.M. IN THE OFFICE OF THE COUNTY
DIRECTOR OF PUBLIC WORKS AUDITOR OF THE COUNTY OF VENTURA,
STATE OF CALIFORNIA,AT THE REQUEST OF
THE CITY OF MOORPARK CITY COUNCIL.
AN ASSESSMENT WAS CONFIRMED AND
LEVIED BY THE CITY COUNCIL OF THE CITY OF COUNTY AUDITOR,COUNTY OF VENTURA
MOORPARK ON THE LOTS,PIECES AND PARCELS
OF LAND ON THIS ASSESSMENT DIAGRAM ON THE
DAY OF ,2014 Note
FOR FISCAL YEAR 2014-15 AND SAID ASSESSMENT REFERENCE IS HEREBY MADE TO THE MAPS AND DEEDS
DIAGRAM AND THE ASSESSMENT ROLL FOR SAID OF RECORD IN THE OFFICE OF THE ASSESSOR OF THE
COUNTY OF VENTURA FOR A DETAILED DESCRIPTION OF
FISCAL YEAR WERE FILED IN THE OFFICE OF THE THE LINES AND DIMENSIONS OF ANY PARCELS SHOWN
COUNTY AUDITOR OF THE COUNTY OF VENTURA ON HEREIN. THOSE MAPS SHALL GOVERN FOR ALL DETAILS
THE DAY OF CONCERNING THE LINES AND DIMENSIONS OF SUCH PARCELS
EACH PARCEL IS IDENTIFIED IN SAID MAPS BY ITS DISTINCTIVE
2014.REFERENCE IS HEREBY MADE TO SAID ASSESSOR'S PARCEL NUMBER
RECORDED ASSESSMENT ROLL FOR THE EXACT
AMOUNT OF EACH ASSESSMENT LEVIED AGAINST ANNEXATION OF TRACT 5425 INTO
EACH PARCEL OF LAND. CITY OF MOORPARK LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT NO. AD06-01
CITY CLERK ASSESSMENT DIAGRAM
22
PAGE 18
2014-15 ASSESSMENT ROLL
Assessor's Parcel No. Owner Name SFE's Assessment
5060020320 SHEA HOMES LTD PARTNERSHIP 25 $3,944.50
5060020340 SHEA HOMES LTD PARTNERSHIP 46 $7,257.88
5060020660 SHEA HOMES LTD PARTNERSHIP 6 $946.68
5060020670 SHEA HOMES LTD PARTNERSHIP 0 $0.00
5060020680 SHEA HOMES LTD PARTNERSHIP 18 $2,840.04
5060020690 SHEA HOMES LTD PARTNERSHIP 4 $631.12
CITY OF MOORPARK =--
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT N0.AD 06-01 ANNEXATION ConsultingGroup
ENGINEER'S REPORT,FY 2014-15
23
Attachment 2
RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, APPROVING
ENGINEER'S REPORT, ORDERING ANNEXATION OF
TRACT 5425 (SHEA HOMES) INTO THE CITY OF
MOORPARK LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT AD 06-01, CONFIRMING
DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF
ASSESSMENT WITHIN SUCH ANNEXATION FOR FISCAL
YEAR 2014-15
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 5425 (the "Annexation Area") into the City of Moorpark
Landscaping and Lighting Maintenance Assessment District No. AD 06-01 (the
"District");
WHEREAS, properties in the Annexation Area shall be referred to as Zone of
Benefit B or Zone B;
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;
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;
WHEREAS, on November 20, 2013 at the hour of 7:00 p.m. 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.
24
Resolution No. 2013-
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
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 assessment to pay the costs and expenses of the
maintenance of the improvements for fiscal year 2014-15 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.
25
Resolution No. 2013-
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 06-01 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 06-01 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 20th day of November, 2013.
Janice Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
26