HomeMy WebLinkAboutAGENDA REPORT 2009 0520 CC REG ITEM 09D ITEMGN� NFAMb
CITY OF MOORPARK,CALIFORN!A
MOORPARK CITY COUNCIL City Council Meeting
AGENDA REPORT
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ACTION:
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TO: The Honorable City Council BY: Lew-,
FROM: Mary K. Lindley, Parks, Recreation & Community Services Director
DATE: May 4, 2009 (Meeting May 20, 2009)
SUBJECT: Consider Resolution Approving the Preliminary Engineer's Report for
the Landscaping and Lighting Maintenance Assessment Districts for
Fiscal Year 2009/2010 and Providing Notice of Public Hearing on June
17, 2009
EXECUTIVE SUMMARY
The City Council is being asked to adopt the attached resolution, approving the
Assessment Engineer's Report (Attachment C), which contains the methodology and
formula for apportioning the property assessment for the City's Landscape and Lighting
Maintenance Assessment Districts. Additionally, the resolution identifies the date for the
Public Hearing to consider the levy of said assessment for FY 2009/10.
DISCUSSION
In 1984, a Landscaping and Lighting Maintenance Assessment District (AD 84-2),
encompassing the entire City, was created to fund costs associated with street lighting
and the maintenance of various landscaped areas in the City. This was a successor to
the District enacted by the County of Ventura prior to the incorporation of the City. In
subsequent years, Zones of Benefit were added to fund the maintenance of certain
specific areas. Later, these Zones were changed to District 1 through District 12 (District
13 and 17 are unassigned).
Since 1984, the City has formed additional assessment districts to fund the maintenance
of certain landscape improvements in and adjacent to:
2001
• Tract 5201, Wilshire Builders (ADO 1-1, District 14)
• Tract 4928, Toll Brothers (AD01-2, District 15)
• Tract 5166, Cabrillo (AD01-3, District 16)
2004
• Tract 5307, Colmer Development (AD04-01, District 18)
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2005
• PM 5264, M&M Development (AD05-01, District 19)
2006
• Tract 5133, Shea Homes (AD06-01, District 21)
2007
• Tract 5045, Pardee Homes (AD07-01, District 22)
• Tract 5187, Lyon Homes (AD07-02, District 20)
• IPD 2000-10, Casino Storage (AD07-04, District 24)
• CPD 2004-01, Nearon (AD07-03, District 25)
2008
• Tract 5130, SuncalNistas (AD07-03, District 23)
• CPD 2004-03, Warehouse Discount Center Back Up District only (AD08-XX,
District 26)
2009 No new assessment Districts to Report
As part of the annual budget process, the City Council considers whether or not to renew
the subject Assessment Districts and levy assessments for the upcoming fiscal year. In
preparation for that consideration, it is necessary to prepare an Engineer's Report setting
forth certain relevant information pertaining to such an action. On December 17, 2008,
the City Council adopted Resolution No. 2008-2779 directing the preparation of said
Engineer's Report.
Engineer's Report
The FY 09/10 Engineer's Report for the subject Assessment Districts has been
distributed to the City Council by separate memo. This report sets forth certain relevant
information, including the following:
• a Boundary Map(s);
• the reason for the assessments;
• the duration of the assessments;
• the method of assessments;
• the amount of the annual assessments;
• information regarding cost of living adjustments;
• information pertaining to reductions to the amounts levied in order to keep
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assessment fund reserve balances within certain prescribed limits; and
• a description of improvements to be maintained.
Improvements to be Maintained
The improvements and maintenance funded by the Assessment Districts is generally
described as follows:
a. Street Lighting: Street lighting energy and maintenance costs (Citywide
assessment).
b. Landscape Maintenance: The maintenance of certain designated
parkways and medians (Citywide assessment).
c. Zones/Districts:
1 Pecan Avenue [T-2851]
2 Steeple Hill Area [T-2865]
3 Buttercreek/Peppermill [T-3032]
4 Williams Ranch Rd [T-3274]
5 Pheasant Run Area [T-3019 &T-3525]
6 Inglewood St. [T-3306]
7 Moorpark Business Park (L. A. Ave & Gabbert)
8 Home Acres Buffer
9 Moorpark Industrial Park (Condor Drive)
10 Mountain Meadows (PC-3)
11 Alyssas Ct. [T-4174]
12 Carlsberg Specific Plan Area
13 Unassigned
14 Wilshire Builders [T-5201] (AD01-1)
15 Toll Brothers [T-4928] (AD01-2)
16 Cabrillo [T-5161] (AD01-3)
17 Unassigned
18 Colmer [T-5307] (AD04-1)
19 M&M [PM 5264] Back Up
20 Lyon Homes [T-5187] (AD07-02)
21 Shea Homes [T-5133] (AD06-01)
22 Pardee Homes [T-5045] (AD06-01)
23 Assigned to SuncalNistas, but not completed
24 Casino Storage (AD07-04) Back Up
25 Nearon (AD07-03) Back Up
* Includes landscape separate drainage maintenance
FY 2009/10 Assessment Amounts and Adjustment
The method used to establish the assessment amounts is set forth in the Engineer's
Report. This method (benefit spread formula, etc.) is unchanged from prior years. The
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assessment amounts proposed for FY09/10 are set forth in Exhibit 1.
The per lot (per acre) assessment amounts set forth in the Engineer's Report for Citywide
Landscape and Lighting Zone/District, and Zone/Districts 1 through 11 are the same as
those set last year. Any action to otherwise increase these assessments may not be
taken without first seeking approval of such an increase via a mail ballot prepared and
processed in accordance with the requirements of Proposition 218.
Pursuant to language set forth in the formation documents for Districts 12 through 25, the
annual assessments for these Districts may be increased annually to cover cost-of-living
(COLA) increases. The COLA increase for past year is 0.114 percent. This calculation is
referred to as the "maximum assessment". The assessment amounts set forth in Exhibit 1
include the COLA adjustments which are also summarized as follows:
MAXIMUM ASSESSMENTS FOR ZONES 12 - 25
Zone/District Amount COLA- .114% Amount
12 - Residential $506.43 $0.57 $507.00
12 - Commercial $183.32 $0.02 $183.52
12 - Institutional $1,650.75 $1.88 $1,652.63
14 $149.16 $0.17 $149.33
15 $1,798.90 $2.05 $1,800.95
16 $434.58 $0.49 $435.07
18 $914.86 $1.04 $915.90
19 $2,195.65 $2.50 $2,198.15
20 $2,303.10 $2.62 $2,305.72
21 $387.77 $0.44 $388.21
22 $2,873.43 $3.72 $2,876.70
24 $205.04 $0.23 $205.27
25 $92.17 $0.10 $92.27
Districts 19, 24, and 25 have been established as "back up" to manage certain landscape
maintenance responsibilities assigned to the respective project owners. As long as the
project owner is adequately maintaining the prescribed landscape improvements, the
approved maximum assessment will not be levied. In the event the project owner fails to
adequately maintain the landscape improvements, the City can take over the
maintenance responsibility and levy the assessment.
Improvement Reserve Ceiling
The Engineer's Report provides for a Capital Reserve Account for each District.
Consistent with past City Council's action on September 3, 2008, the Engineer's Report
stipulates that Capital Reserve Account for any Zone/District not exceed an amount equal
to one times the annual operating budget for that Zone/District (prior to September 3 the
Capital Reserve cap was three times the annual operating budget). Should the projected
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Year-End Fund Balance for any Zone/District exceed that "ceiling", the amount of the
maximum assessment shall be adjusted to reflect the CPI, but the amount of the
assessment to be levied upon the affected properties shall be reduced to a lesser
amount, but not lower than 10 percent of the actual maximum assessment, as
determined by the Assessment Engineer to be consistent with these guidelines.
Pursuant to the above policy, those Zones/Districts which are estimated to end the FY
09/10 with fund balances that exceed the Capital Reserve cap and will be levied an
amount lower than the maximum assessment set forth in Exhibit 1 and are as follows:
Balance Estimated Total Total
with FULL Annual Assessment Levy
District Assessment Expenses Amount Amount Remarks
12 $583,408 $175,000 $291,087.64 $291108.76 10% of Assessment
15 $11991,827 $150,000 $583,507.80 $58,350.78 10%of Assessment
16 $37,669 $23,000 $25,669.13 $71700.39 30% of Assessment
18 $531883 $16,000 $22,897.00 $20,607.00 90% of Assessment
20 $11256,788 $135,000 $5711818.56 $571181.86 10% of Assessment
21 $39,833 $20,000 $29,892.17 $141946.09 50% of Assessment
22 $3,736,661 $250,000 $1,684,307.85 $1681430.00 10% of Assessment
Fund Deficits
Since Zones/Districts 1 through 11 were established without a cost-of-living adjustment
factor, the maximum assessment amount per unit cannot be increased. It is anticipated
that following Zones/Districts will have deficit Fund Balances at the end of FY 08/09 and
FY 09/10:
FY 08/09 FY 09/10
Fund Ending Fund Balance Ending Fund Balance
2300- Citywide—Lighting ($99,000) ($127,000)
2300- Citywide--Landscape ($250,501) ($2221948)
2303—District 3 $28 ($61269)
2304 -District 4 ($1,310) ($10,656)
2305—District 5 ($161956) ($261360)
2306- District 6 ($21879) ($61625)
2307- District 7 ($61843) ($141726)
2308—District 8 ($191739) ($301168)
2309—District 9 ($41236) ($71302)
2310-District 10-Landscape $5,918 ($23,827)
Total: ($417,814) ($475,995)
Due to the fixed maximum assessment rates in the Citywide District and Zones/Districts 1
through 11 and increasing maintenance and operations costs, deficits in street lighting
and landscaped areas will continue to grow. The projected deficit in FY 08/09 is
$417,814, an increase of $153,000 over FY 07/08 deficit. The large increase is
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attributable to street light energy costs ($30,000), additional landscape improvement
areas added to the Citywide Landscape Zone (including Tierra Rejada Median, and south
side L.A. Avenue parkways, Spring Road parkway), new practice of charging staff time to
all Zones/Districts which also has the effective of increasing cost plan charges. The
project deficit in FY 09/10 is expected to increase by another $55,000 due to street light
increases $33,000) and cost of living increases in the landscape maintenance contract,
and cost plan increases.
Public Hearing
Attached as Attachment B is a Resolution approving the subject Engineer's Report and
setting June 17, 2009, as the date of a public hearing to consider the levy of the
assessments for the Landscaping and Lighting Assessment Districts for Fiscal Year
2009/10. This resolution will also serve as the public hearing notice for the June17 public
hearing.
FISCAL IMPACT
The City's practice is to budget current year deficit in the new fiscal year budget. Any
deficit in citywide street lights is funded from Gas Tax. Deficits in the landscape
Zones/District are funded 50/50 from the General Fund and Gas Tax. The deficit of
$264,808 ($102,364 General Fund) for FY 07/08 was included in the FY 08/09 adopted
budget. The projected deficit of $417,814 ($159,407 General Fund) for FY 08/09 is
included in the FY 09/10 draft budget. The projected deficit for FY 09/10 of $475,995
($174,498) will be included in the FY 10/11 budget if the City continues its practice of
funding the deficits using General Fund and Gas Tax.
As noted above, the requirements of Proposition 218 prohibit the City from increasing
assessments without a vote. The City's options are to continue funding the growing
deficits, as they have in the past, from City reserves or to consider initiating a mail ballot
vote to increase assessment levels in the Citywide Street Light and Landscape Zone and
Zones 1 — 11.
STAFF RECOMMENDATIONS
Adopt Resolution No. 2009-
Attachments: A- Summary of Assessment Amounts
6— Resolution
C — Engineer's Report
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ATTACHMENT
Summary of Assessment Levy Amounts
Total Per Lot Assessment
Assessment Landscape Maintenance US & Drainage Maint.
Description Amount($) Number Amount($) Number Amount($)
Citywide
Steet Lighting 246,292.00 11,818 20.84
Landscaping -Com/Indus 471668.60 27765 17.24
Landscaping - Residential 1341494.80 401756 3.30
1. Tract 2851 91702.00 75 129.36
2. Tract 2865 Landscaping 66,848.00 574 116.46
LS/Drainage 61990.72 48 29.17
73,838.72
3. Tract 3032 37079.30 265 11.62
4. Tract 3274 61382.92 129 49.48
5. T 3019/3525 Landscaping 23,340.52 217 107.56
LS/Drainage 500.25 75 6.67
23,840.77
6. Tract 3306 924.00 22 42.00
7. NE L. A. Ave/Gabbert Rd 111297.78 91.74 ac 123.15 ac
8. Buffer: City 71669.20 498 15.40
Buffer: Home Acres 71573.68 201 37.68
9. Condor Drive 11356.14 49.44 ac 27.43 ac
10. PC-3: L/S-Comm. Prop. 58,457.22 669.00 ac 87.38 ac
L/S- Residential 135,858-50 11775 76.54
LS/Drainage- Res. 71251.96 669 10.84
201,567.68
11. Tract 4174 31040.02 9 337.78
12. Carlsberg - Residential 190,012.00 536 354.50
Com. / Ind. 91439.22 73.56 ac 128.32
Institutional 41437.24 3.84 ac 11155.53
203,888.46
13. Unassigned
14. Tract 5201 (Wilshire) 11491.60 10 149.16
15. Tract 4928 (Toll): Res. 116,568.72 324 359.78
16. T 5161 91230.55 59 156.45
17. Unassigned
18. T 5307 22,897.50 25 915.90
19. T 5264 (M&M) 13,766.73 6 21195.65
Backup 71678.19
21. T 5133 (Shea) 29,858.29 77 387.77
22. T 5045 Pardee 528 21873.43
24. Asadarian 518.75 3 205.04
25. Nearon 92.17 12 11061.80
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ATTACHMENT B
RESOLUTION NO.2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA OF INTENTION TO LEVY
ASSESSMENTS FOR FISCAL YEAR 2009-10,
PRELIMINARILY APPROVING ENGINEER'S REPORT,
AND PROVIDING FOR NOTICE OF HEARING FOR THE
CITY OF MOORPARK LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICTS
WHEREAS, by Resolution No. 2008-2779, the City Council ordered the
preparation of an Engineer's Report for the City's Landscaping and Lighting Maintenance
Assessment Districts (the "Assessment Districts") for fiscal year 2009-10; and
WHEREAS, pursuant to said Resolution, the Engineer's Report was prepared by
SCI Consulting Group, Engineer of Work, in accordance with 22565, et. seq., of the
Streets and Highways Code (the "Report") and Article XIIID of the California Constitution;
and
WHEREAS, said Engineer's Report was filed with the City Clerk and the City
Council has reviewed the Report and wishes to take certain actions relative to said
Report and the levy of assessments recommended therein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. The Report for "Moorpark Landscaping and Lighting Maintenance
Assessment Districts", for the fiscal year commencing on July 1, 2009 and ending on
June 30, 2010, on file with the City Clerk, has been duly considered by the Moorpark City
Council and is hereby deemed sufficient and approved. The Report shall stand as the
Engineer's Report for all subsequent proceedings under, and pursuant to, the foregoing
resolution.
SECTION 2. It is the intention of this Council to levy and collect assessments
within the Assessment Districts for fiscal year 2009-10. Within the Assessment Districts,
the existing and proposed improvements, and any substantial changes proposed to be
made to the existing improvements, are generally described as the installation,
maintenance and servicing of public facilities, including but not limited to, street lights,
public lighting facilities, landscaping, sprinkler systems, statuary, fountains, other
ornamental structures and facilities, landscape corridors, ground cover, shrubs and trees,
street frontages, drainage systems, fencing, entry monuments, graffiti removal and
repainting, and labor, materials, supplies, utilities and equipment, as applicable, for
property owned, operated or maintained by the City of Moorpark. Installation means the
construction of lighting and landscaping improvements, including, but not limited to, land
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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 said improvements, including repair, removal, or replacement of all or part of any
improvement; providing for the life, growth, health and beauty of landscaping; and
cleaning, sandblasting and painting of walls and other improvements to remove or cover
graffiti. Servicing means the furnishing of electric current or energy for the operation or
lighting of any improvements, and water for irrigation of any landscaping or the
maintenance of any other improvements.
SECTION 3. The Assessment Districts consist of the lots and parcels shown on
the boundary maps of the Assessment Districts on file with the City Clerk, and reference
is hereby made to such map for further particulars.
SECTION 4. Reference is hereby made to the Engineer's Report for a full and
detailed description of the improvements, the boundaries of the Assessment Districts,
and the proposed assessments upon assessable lots and parcels of land within the
Assessment Districts. The Engineer's Report identifies all parcels which will have a
special benefit conferred upon them and upon which an assessment will be imposed.
SECTION 5. The fiscal year 2009-10 levy rates are not proposed to increase,
with the exception of Zone 12, District 14, District 15, District 16, District 18, District 19,
District 20, District 21, District 22, District 24 and District 25. The authorized maximum
assessment rate for these Districts includes an annual adjustment by an amount equal to
the annual change in the Los Angeles Area Consumer Price Index. As the amount of the
annual increase in the Los Angeles Area Consumer Price Index from December 2007 to
December 2008 is 0.114%, the authorized maximum levy rate for fiscal year 2009-10 is
0.114% above the maximum levy rate for fiscal year 2008-09. Including the authorized
annual adjustment, the maximum authorized assessment rates for fiscal year 2009-10
are as follows:
Zone 12 $507.00 per single family benefit unit
$183.52 per acre of commercial or industrial property
$1,652.63 per acre of institutional property
District 14 $149.33 per single family benefit unit
District 15 $1,800.95 per single family benefit unit
District 16 $435.07 per single family benefit unit
District 18 $915.90 per single family benefit unit
District 19 $8,303.12 per acre of commercial or industrial property
District 20 $2,305.72 per single family benefit unit
District 21 $445.91 per single family benefit unit
District 22 $3,153.69 per single family benefit unit
District 24 $9,136.03 acre of commercial or industrial property
District 25 $4,152.78 acre of commercial or industrial property
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SECTION 6. Notice is hereby given that on June 17, 2009, at the hour of 7:00
p.m. in the Council Chambers, located at 799 Moorpark Avenue, Moorpark, California
93021, the Council will hold a public hearing to consider the ordering of the
improvements and the levy of the proposed assessments.
SECTION 7. Prior to the conclusion of the hearing, any interested person may file
a written protest with the City Clerk, or, having previously filed a protest, may file a written
withdrawal of that protest. A written protest shall state all grounds of objection. A protest
by a property owner shall contain a description sufficient to identify the property owned
by such owner. Such protest or withdrawal of protest should be mailed to the City Clerk,
City of Moorpark, 799 Moorpark Avenue, Moorpark, California 93021.
SECTION 8. The City Clerk shall cause a notice of the hearing to be given by
publishing a copy of this resolution once, at least ten (10) days prior to the date of the
hearing above specified, in a newspaper circulated in the City of Moorpark.
SECTION 9. 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 May 2009, by the following vote:
Janice S. Parvin, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
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ATTACHMENT C
CITY OF MOORPARK
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS
ENGINEER'S REPORT
FISCAL YEAR 2009-10
MAY 2009
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972
AND ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION
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FAIR F IELD CALIFORNIA 94534
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PAGE II
TABLE OF CONTENTS
TABLE OF CONTENTS....as .f...e../ on t./Rt..■e.o...eRe mass asRf.e seen eet/•!R•.tRe.R•/.s•access assets 11
INTRODUCTION...........R.o!!.. •!R\►Rlol w000sto!!.*no am RlosR\.o.soon%►!\.emotee.►sRRO!!..lt..RR.o.l.l cave%Rosso..R\o 2
OVERVIEW......................................................................................................................2
PROPOSITION218...........................................................................................................7
SILICON VALLEY TAXPAYERS ASSOCIATION, INC.V SANTA CLARA COUNTY OPEN SPACE
AUTHORITY.....................................................................................................................7
CERTIFICATES•..•.lf..lo..l•t.....!/.le•..e.t••.....s/.•IRR...f••.//.R..t..••e f.e.s.!•//.f..e s..e.•l•!t•.•l..•le...R•••►ss•Rf..fl.RO 9
PLANS&SPECIFICATIONS...f....l....l e..../...........l..\..........e..........................R......e....e...............10
FISCAL YEAR 2009-10 ESTIMATE OF COST AND BUDGET........ett..Re.te..ee.....see/.....ee..e../........t..12
METHOD OF APPORTIQNAI IENTslRRSl.esR\.!R\.iR.oR\•.f\..!\4s\\ofR•oeR!opoo.!\!.e\. oeR..lose!\.►lR.elR.►e\.!!•\e\ROoeswe.16
METHOD OF APPORTIONMENT........................................................................................16
DISCUSSION OF BENEFIT................................................................................................ 16
A. Proximity to Improved Landscaped Areas and Other Public Improvements within
the Assessment Districts. 17
B. Access to Improved landscaped areas and Other Public Improvements within the
Assessment Districts. 17
C. Improved Views within the Assessment Districts. 17
D. Extension of a property's outdoor areas and green spaces for properties within
close proximity to the Improvements. 17
E. Creation of individual lots for residential and commercial use that, in absence of
the assessments, would not have been created. 17
F. Drainage of water and runoff from property in the District 17
G.Protection from flooding and standing water due to the improved drainage systems 17
BENEFITFACTORS.........................................................................................................18
GENERAL VERSUS SPECIAL BENEFIT............................................................................... 18
METHOD OF ASSESSMENT.............................................................................................. 19
ASSESSMENT APPORTIONMENT......................................................................................20
Lighting 20
Landscaping 20
Assessment Apportionment by AD84-2 Zone/and LLD 21
APPEALS AND INTERPRETATION......................................................................................29
ASSESSMENTl.l....!/•ot■stt\•!t•iRl.►!R. t.o.R!•! R.►..►•e\► e!\e!R!o\!•ee\. ee!\.►!\ee4selR/.tR.eR\ee!\o!4\leRSS 30
APPENDIx A-2009-10 ASSESSMENT ROLL!• e.•!\►►!\►lRRO•RS►.\s.R.s►eR•e eR.oR.o.R\elR..eReels.os.osRao/Rlooe..t\32
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PAGE III
APPENQUC 6,ASSESSMENT DIAGRAM ..................................................................................33
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INTRODUCTION
OVERVIEW
The City of Moorpark's (the "City") Lighting Maintenance Assessment District 84-2 ("AD84-
2") was formed in 1984 to provide funding for public street lighting and parkway/median
landscape maintenance and improvement expenses through the levy of benefit
assessments. In addition, the City formed Landscaping and Lighting Maintenance
Assessment Districts No.AD-01-1, AD-01-2,AD-01-3,AD-04-1, AD-05-1,AD-06-1, AD-07-
1, AD-07-2, AD-07-3 and AD-07-4 (the "LLDs") to provide funding for additional parkway
landscape maintenance and improvement expenses in specific areas as described below.
These Assessment Districts (collectively "the Assessment Districts" or "Assessments")
were formed pursuant to the provisions of the Landscaping and Lighting Act of 1972 (the
"Act"),
Within the Assessment Districts, there are three types of assessments, generally
described as follows:
1. Citywide Assessments: assessments for AD84-2 applied to all parcels within the City
that receive benefits.
2. Zone Assessments: assessments for AD84-2 applied to properties within certain Zones
of Benefit to fund improvements and maintenance services which benefit those properties.
3. District Assessments: assessments for the LLDs applied to properties within certain
boundaries to fund improvements and maintenance services which benefit those
properties.
Citywide Assessments
Within AD84-2,there are two types of expenses funded by distinct Citywide assessments:
1. Street lighting costs associated with City-owned and Southern California Edison(S.C.E.)
owned streetlights distributed to all benefiting properties within City limits.
2. Landscape maintenance costs associated with parkway/median maintenance and
improvement distributed to all benefiting properties within City limits.
AD84-2 Zone of Benefit Assessments
Landscape maintenance, servicing and improvement costs for AD84-2 for unique Zones of
Benefit are allocated to all benefiting properties within each given zone of benefit. These
Zones of Benefit are summarized as follows:
CITY OF MOORPARK
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS
ENGINEER'S REPORT,FY 2009-10
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1. Pecan Avenue, Tract No. 2851: Maintenance costs associated with landscaping in the
Ventura County Flood Control Easement and portions of the interior tract entry areas. The
obligation upon these 75 lots is pursuant to a condition of development.
2. Steeple Hill Area, Tract No. 2865: Cost for maintenance of specific landscaping areas
within the tract, including landscaping at Christian Barrett & Springs Road; Tierra Rejada
landscaping, and Peach Hill Road landscaping on east side between Christian Barrett and
Tierra Rejada Roads, and the entry monument sign at Christian Barrett and Spring Road.
In addition, the cost of maintaining certain drainage detention and debris basins is
assessed to certain lots within this zone. The obligation upon the lots within this tract is
pursuant to a condition of development.
3. Butler Creek/Pe=ennill, Tract No. 3032: Maintenance costs associated with
landscaping an entry monument at Buttercreek Road and Los Angeles Avenue. This cost
to be spread to the 265 lots within the tract.
4. Williams Ranch Road, Tract No. 3274: Maintenance costs associated with landscape
areas along Williams Ranch Road parkway adjacent to Peach Hill drain channel and
Edison entries within PC-3. This cost will be borne by the 129 lots within the tract.
5. Pheasant Run Area, Tract No. 3019 & 3525: Maintenance costs associated with
landscaping the Tierra Rejada Road slope and parkway areas and parkway on the west
side of Peach Hill Road between Williams Ranch and Tierra Rejada Roads within tract
Nos. 3019 and 3525. These costs are spread to the 217 lots within the tracts. In addition,
the cost of maintaining certain drainage detention and debris basins is assessed to certain
lots within this zone.
6. Inglewood Street, Tract No. 3274: Costs for maintenance of landscape areas within tract
3274 at the westerly terminus of Inglewood Street. The cost is to be spread to the 22 lots
within the tract.
7. Moorpark Business Park, Los Angeles Avenue Parkway: Maintenance costs
associated with landscaping the parkway on the north side of Los Angeles Avenue
between Gabbert Road and Shasta Avenue will be borne by all industrial lots northerly of
Los Angeles Avenue, southerly of Poindexter Avenue, easterly of Gabbert Road, and
westerly of Shasta Avenue.
8. Home Acres Buffer Area: Maintenance costs associated with the buffer area at the west
end of the West Ranch area, is to be split 50-50 between residential properties within the
West Ranch area and the area outside the City known as Home Acres. That portion of this
Zone of Benefit with the City consists of the residential area within Tracts 4340, 43411
4792 and a portion of tract 4342. This area is bounded on the north by the Arroyo Simi, on
the east by Tierra by Tierra Rejada Road and the commercial property at the corner of
Tierra Rejada Road and Mountain Trail Street, on the south by tracts 4367,4342-5 and the
City boundary and on the west by the City boundary.
CITY OF MOORPARK ' ^
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS i
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9. Moorpark Industrial Park, Condor Drive: Maintenance costs associated with the
parkway located at the northwest corner of Los Angeles Avenue and Virginia Colony Place
will be borne by the developed parcels within the Industrial park on Condor Drive (Tract
3492).
10. Mountain Meadows, PC-3: Maintenance costs associated with landscaping within this
area will be borne by all properties within the Mountain Meadows Planned Community
(PC-3). The landscaping to be maintained consists of the Peach Hill Water Linear Park,
the slope along the north side of Peach Hill Wash and the downstream flood control facility
located just east of Mountain Trail Street and certain parkways on Tierra Rejada Road. In
addition, the cost of maintaining certain drainage detention and debris basins is assessed
to certain lots within this zone.
11. Alyssas Court, Tract 4174: Maintenance costs associated with landscaping within this
area will be borne by all properties within the tract.
12. Carlsberg Specific Plan: Maintenance costs associated with certain landscape
improvements as described in the Boundary Map for Zone 12. The cost for the
maintenance of these improvements will be borne by all of the properties within Zone 12
as defined in said Boundary Maps and generally described as that area bounded by the
Route 23 Freeway, Tierra Rejada Road, Spring Road, the Arroyo Simi and New Los
Angeles Avenue. At the time of formation in July 2000, the City Council directed that the
City pay Zone 12 assessments for property owned by the Moorpark Unified School District.
LLD Assessments
Landscape maintenance, servicing and improvement costs for unique services provided to
properties within specific areas are allocated to all benefiting properties within the
boundaries of each given LLD. These Districts are summarized as follows:
14. Wilshire Builders, Tract 5201: Maintenance costs associated with parkway landscaping
along Peach Hill Road and Rolling Knoll Road, including turf, ground cover, shrubs, trees,
irrigation systems, drainage systems, lighting, fencing, statuary, fountains, and other
ornamental structures and facilities, entry monuments and other improvements adjacent to
properties within Tract 5201.
15. To// Brothers, Tract 4928: Maintenance costs associated with parkway landscaping on
the south side of the street along the Equestrian Trail running between Grimes Canyon
Road and Walnut Canyon Road. Median landscaping at the north side of the Equestrian
Trail at Grimes Canyon Road and Walnut Canyon Road; and landscaping of the
Equestrian Staging Area located on the east side of Grimes Canyon Road.
16. Cabrillo Economic Development Corp., Tract 5161: Landscaping maintenance costs
associated with approximately 6,926 square feet of parkway landscaping located in and
adjacent Tract 5161. Wall maintenance, including graffiti abatement, and repair of the
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walls. Drainage maintenance costs associated with twelve (12) storm water quality catch
basin filter inserts placed in twelve(12)catch basins within Tract 5161.
18. Colmer, Tract 5307: Landscaping maintenance costs associated with landscaping and
irrigation system, along the west and south perimeter of the Tract, on Flory Street and on
Los Angeles Avenue. Drainage maintenance of the bio-swales on the north and south
side of Moonsong Court, at the Flory Street entrance to Tract 5307.
19. M & M Development, Tract 5264: Median and Island landscape and hardscape
maintenance costs associated with the Collins Drive median; the stamped concrete in the
traffic island at the Collins Drive entrance to the center; the stamped concrete in the traffic
island at the freeway on-ramp; and the Campus Park Drive median along the frontage of
the property. Parkway landscaping cost associated with the landscaping of the parkway
improvements along the Campus Park Drive and Collins Drive frontages of the property.
The property owner shall retain the responsibility for the maintenance of the parkway
landscaping, but in the event it is ever determined that said maintenance is inadequate,
the City can take over the maintenance of the parkway improvements. The assessments
for the cost of maintaining the parkway improvements will be levied only if the City takes
over responsibility for the maintenance of the parkway improvements.
20. Lyon Homes, Tract 5187: Landscape maintenance costs associated with the
maintenance of slope, parkway and median landscape improvements located throughout
the District. Drainage maintenance costs associated with the maintenance of bio-swales,
detention basins and storm drains.
21. Shea Homes, Tract 5133: Parkway landscape cost associated with the maintenance of
parkway landscape improvements along Los Angeles Avenue frontage and Millard Street
western perimeter. City maintained drainage costs associated with the maintenance of
filtration systems, six seven foot catch basins, two fourteen foot catch basins and storm
drains located throughout the District. HOA maintained drainage costs associated with the
maintenance of drainage improvements including front yard grass swales (for 77 lots),
catch basin near the northwest corner of the tract, six twelve inch pad catch basins and
pad PVC drains. The Homeowners Association shall retain the responsibility for the
maintenance of these drainage improvements, but in the event it is ever determined that
said maintenance is inadequate, the City can take over the maintenance of these drainage
improvements. The assessments for the cost of maintaining these drainage improvements
will be levied only if the City takes over responsibility for the maintenance of these
drainage improvements.
22. Pardee Homes, Tract 5045: Landscape maintenance costs associated with the
maintenance of slope, parkway and median landscape improvements along Spring Road.
Maintenance of all trails located throughout the District. The maintenance of three
detention basins and four debris basins. Drainage maintenance costs associated with the
maintenance of all storm drains and catch basins. Maintenance of all access roads. HOA
maintained landscape costs associated with the maintenance of slope landscape
improvements along "B" Street and "C" Street. Maintenance of parkway landscape
improvements along "A" Street. The Homeowners Association shall retain the
CITY OF MOORPARK
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTSr1igGr�►ap
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responsibility for the maintenance of these landscape improvements, but in the event it is
ever determined that said maintenance is inadequate, the City can take over the
maintenance of these landscape improvements. The assessments for the cost of
maintaining these landscape improvements will be levied only if the City takes over
responsibility for the maintenance of these landscape improvements.
24. Asadurian, IPD 2000-10: Landscape maintenance costs associated with the
maintenance of parkway and site landscape improvements along Goldman Avenue and
Los Angeles Avenue. The Property Owner shall retain the responsibility for the
maintenance of the landscape improvements, but in the event it is ever determined that
said maintenance is inadequate, the City can take over the maintenance of the landscape
improvements. The assessments for the cost of maintaining the landscape improvements
will be levied only if the City takes over responsibility for the maintenance of the landscape
improvements.
25 Nearon, CPD 2004-01: Landscape maintenance costs associated with the maintenance
of slope landscape improvements, right of way landscape improvements and project
frontage landscape improvements. Drainage maintenance costs associated with the
maintenance of a bio swale, storm drain system and five catch basins. The Property
Owner shall retain the responsibility for the maintenance of the landscape and drainage
improvements, but in the event it is ever determined that said maintenance is inadequate,
the City can take over the maintenance of the landscape and drainage improvements. The
assessments for the cost of maintaining the landscape and drainage improvements will be
levied only if the City takes over responsibility for the maintenance of the landscape and
drainage improvements.
This Engineer's Report ("Report") was prepared to establish the budgets for the capital
improvement and services expenditures that would be funded by the proposed 2009-10
assessments, determine the benefits received from the lighting and landscaping
maintenance and improvements by property within the Assessment Districts and the
method of assessment apportionment to lots and parcels within the Assessment Districts.
This Report and the proposed assessments have been made pursuant to the Landscaping
and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways
Code(the"Act") and Article XIIID of the California Constitution (the"Article").
In each subsequent year for which the assessments will be levied, the Council must direct
the preparation of an Engineer's Report, budgets and proposed assessments for the
upcoming fiscal year. After the Engineer's Report is completed, the Council may
preliminarily approve the Engineer's Report and proposed assessments and establish the
date for a public hearing on the continuation of the assessments. This Report was
prepared pursuant to the direction of the Council adopted on December 17, 2008.
If the Council approves this Engineer's Report and the proposed assessments by
resolution, a notice of assessment levies must be published in a local paper at least 10
days prior to the date of the public hearing. The resolution preliminarily approving the
Engineer's Report and establishing the date for a public hearing is used for this notice.
CITY OF MOORPARK
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Following the minimum 10-day time period after publishing the notice, a public hearing is
held for the purpose of allowing public testimony about the proposed continuation of the
assessments. This hearing is currently scheduled for June 17, 2009. At this hearing, the
Council would consider approval of a resolution confirming the assessments for fiscal year
2009-10. If so confirmed and approved, the assessments would be submitted to the
County Auditor/Controller for inclusion on the property tax rolls for Fiscal Year 2009-10.
PROPOSITION 218
AD84-2 assessments were formed prior to the passage of Proposition 218, The Right to
Vote on Taxes Act, which was approved by the voters of California on November 6, 1996,
and is now Article XIIIC and XIIID of the California Constitution. (Proposition 218 provides
for benefit assessments to be levied to fund the cost of providing services, improvements,
as well as maintenance and operation expenses to a public improvement which benefits
the assessed property. ) Although these assessments are consistent with Proposition 218,
the California judiciary has generally referred to pre-Proposition 218 assessments as
"grandfathered assessments" and held them to a lower standard than post Proposition 218
assessments. The other Assessments described in this Engineer's Report that were
formed after the passage of Proposition 218 are consistent with Proposition 218 and the
procedures and requirements established by Proposition 218 for new or increased
assessments..
SILICON VALLEY TAXPAYERS ASSOCIATION,INC.V SANTA CLARA COUNTY OPEN SPACE AUTHORITY
In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley
Taxpayers Association, Inc. v. Santa Clara County Open Space Authority ("SVTA vs.
SCCOSA"). This ruling is the most significant court case in further legally clarifying the
substantive assessment requirements of Proposition 218. Several of the most important
elements of the ruling included further emphasis that:
• Benefit assessments are for special, not general, benefit
• The services and/or improvements funded by assessments must be clearly
defined
• Special benefits are directly received by and provide a direct advantage to
property in the assessment district
This Engineer's Report is consistent with the SVTA vs. SCCOSA decision and with the
requirements of Article 13C and 13D of the California Constitution based on the following
factors:
1. The Assessment District(s) are divided into narrowly drawn and separate zones of
benefit / Assessment Districts, and the assessment revenue derived from real
property in each zone / Assessment District is extended only on specifically
identified improvements and/or maintenance and servicing of those improvements
in that zone / Assessment District and other improvements in the Assessment
CITY OF MOORPARK
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS onsultingGroup
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District(s) that confer special benefits to property in that zone / Assessment
District.
2. The use of narrowly drawn zones of benefit and Assessment Districts ensures that
the improvements constructed and maintained with assessment proceeds are
located in close proximity to the real property subject to the assessment, and that
such improvements provide a direct advantage to the property in the zone /
Assessment District.
3. Due to their proximity to the assessed parcels, the improvements and
maintenance thereof financed with assessment revenues in each zone benefit /
Assessment District the properties in that zone /Assessment District in a manner
different in kind from the benefit that other parcels of real property in the
Assessment Districts derive from such improvements, and the benefits conferred
on such property in each zone/Assessment District are more extensive and direct
than a general increase in property values.
4. The assessments paid in each zone of benefit / Assessment District are
proportional to the special benefit that each parcel within that zone /Assessment
District receives from such improvements and the maintenance thereof because:
a. The specific improvements and maintenance and utility costs thereof in
each zone/Assessment District and the costs thereof are specified in this
Engineer's Report; and
b. Such improvement and maintenance costs in each zone / Assessment
District are allocated among different types of property located within each
zone of benefit/Assessment District, and equally among those properties
which have similar characteristics and receive similar special benefits.
CITY OF MOORPARlC
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS onsulting roue
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CERTIFICATES
1. The undersigned respectfully submits the enclosed Engineer's Report and does
hereby certify that this Engineer's Report, and the Assessment and Assessment Diagram
herein, have been prepared by me in accordance with the order of the City Council of the
City of Moorpark, adopted on December 17, 2008.
Engineer of Work, License No. C52091
2. I, the Clerk of the City Council, City of Moorpark, County of Ventura, California,
hereby certify that the enclosed Engineer's Report, together with the Assessment and
Assessment Diagram thereto attached, was filed and recorded with me on
, 2009.
Clerk of the City Council
3. I, the Clerk of the City Council, City of Moorpark, County of Ventura, California,
hereby certify that the Assessment in this Engineer's Report was approved and confirmed
by the City Council on , 2009, by Resolution No. .
Clerk of the City Council
4. I, the Clerk of the City Council of the City of Moorpark, County of Ventura,
California, hereby certify that a copy of the Assessment and Assessment Diagram was
filed in the office of the County Auditor of the County of Ventura, California, on
, 2009.
Clerk of the City Council
5. I, the County Auditor of the County of Ventura, California, hereby certify that a
copy of the Assessment Roll and Assessment Diagram for fiscal year 2009-10 was filed
with me on , 2009.
County Auditor, County of Ventura
CITY OF MOORPARK
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PLANS&SPECIFICATIONS
The work and improvements (the "Improvements") are proposed to be undertaken by the
City of Moorpark Landscaping and Lighting Maintenance Assessment Districts and the
cost thereof paid from the levy of the annual assessment provide special benefit to
Assessor Parcels within the Assessment Districts as defined in the Method of Assessment
herein. Consistent with the Landscaping and Lighting Act of 1972, (the"Act")the work and
improvements are generally described as follows:
Installation, maintenance and servicing of public facilities, and incidental expenses,
including but not limited to, street lights, public lighting facilities, landscaping, sprinkler
systems, statuary, fountains, other ornamental structures and facilities, landscape
corridors, ground cover, shrubs and trees, street frontages, drainage systems, fencing,
entry monuments, graffiti removal and repainting, and labor, materials, supplies, utilities
and equipment, as applicable, for property owned and maintained by the City of Moorpark.
Any plans and specifications for these improvements will be filed with the Public Works
Director of the City of Moorpark and are incorporated herein by reference.
Installation means the construction of lighting and landscaping improvements, including,
but not limited to: land preparation, such as grading, leveling, cutting and filling, sod,
landscaping, irrigation systems, sidewalks and drainage and lights.
Maintenance means the furnishing of services and materials for the ordinary and usual
maintenance, operation and servicing of any improvement, including repair, removal or
replacement of all or any part of any improvement; providing for the life, growth, health,
and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or
treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid
waste, and the cleaning, sandblasting, and painting of walls and other improvements to
remove or cover graffiti.
Servicing means the furnishing of electric current or energy for the operation or lighting of
any improvements, and water for irrigation of any landscaping or the maintenance of any
other improvements.
Incidental expenses include all of the following: (a) The costs of preparation of the report,
including plans, specifications, estimates, diagram, and assessment; (b) the costs of
printing, advertising, and the giving of published, posted, and mailed notices; (c)
compensation payable to the County for collection of assessments; (d) compensation of
any engineer or attorney employed to render services in proceedings pursuant to this part;
(e) any other expenses incidental to the construction, installation, or maintenance and
servicing of the Improvements; (f) any expenses incidental to the issuance of bonds or
notes pursuant to Streets & Highways Code Section 22662.5; and (g) costs associated
with any elections held for the approval of a new or increased assessment. (Streets &
Highways Code§22526).
CITY OF MOORPARK
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS ' p
ENGINEER'S REPORT,FY 2009-10
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PAGE 11
The assessment proceeds will be exclusively used for Improvements within the
Assessment Districts plus Incidental expenses. Reference is made to the Improvement
plans, which are on file with the Director of Community Services of the City of Moorpark.
CITY OF MQQRPARlC ._..,,,,,,,�
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FISCAL.DEAR 2009-10 ESTIMATE OF COST AND BUDGET
CITY OF MOORPARK
Landscaping and Lighting MADs
Fiscal Year 2009-10 Budget
Zone/District Designation 1 2 3 4 5 6 7 8 9
Account Number 2300.3100 2300.3102 2301.0000 2302.0000 2303.0000 2304.0000 2305.0000 2306.0000 2307.0000 2308.0000 2309.0000
Assessor Fund Number
District Description Street Lighting Landscaping Tract 2851 Tract 2865 Tract 3032 Wm Ranch Rd T-3019 6 T-3525 Tract 3306 L A @ Gabbert Buffer Condor Dr.
DIRECT COSTS
Salaries&Benefits $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Services&Supplies $373,000 $404,288 $18,651 $69,308 $10,316 $17,531 $54,893 $8,266 $26,473 $47,821 $10,086
Debris Basin Expenses $0 $0 $0 $431 $0 $0 $431 $0 $0 $0 $0
Fixed Equipment Expenses $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Capital Improvement Projects $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Subtotal $373,000 $404,288 $18,651 $69,739 $10,316 $17,531 $55,324 $8,266 $26,473 $47,821 $10,086
Total Expense per Benefit Unit $31.56 $9.92 $248.68 $121.50 $38.93 $135.90 $389.61 $375.73 $288.57 $96.03 $204.00
RESERVE FUND/OTHER CONTRIBUTIONS
Contribution to/(from)Reserve Funds ($26,708) $32,875 ($8,465) $7,328 ($6,737) ($11,148) ($11,484) ($3,342) ($8,175) ($11,578) ($3,730)
Contribution to/(from)General Fund $0 ($127,500) $0 $0 ($250) $0 ($10,000) ($2,000) ($3,500) ($10,500) ($2,500)
Contribution to/(from)Capital Improvement Fund $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Contribution(from)Other/Interest Income ($100,000) ($127,500) ($484) ($3,228) ($250) $0 ($10,000) ($2,000) ($3,500) ($10,500) ($2,500)
Subtotal ($126,708) ($222,125) ($8,949) $4,100 ($7,237) ($11,148) ($31,484) ($7,342) ($15,175) ($32,578) ($8,730)
Balance to Levy $246,292 $182,163 $9,702 $73,839 $3,079 $6,383 $23,840 $924 $11,298 $15,243 $1,356
DISTRICT STATISTICS
Total Parcels 11,167 10,234 88 623 269 131 217 22 106 725 14
Total Benefit Units-(Zone A)Residential 11,818.25 40,756.00 75.00 574.00 265.00 129.00 142.00 22.00 91.74 498.00
Total Benefit Units-(Zone B)Com./Indus. 2,765.00 48.00 75.00 201.00 49.44
Total Benefit Units-(Zone C)Institutional
Levy per Unit(Zone A) $20.84 $3.30 1 $129.36 $116.46 $11.62 $49.48 $107.56 $42.00 $123.15 $15.40 $27.43
Levy per Unit(Zone B) $17.24 $145.64 $114.22 $37.68
Levy per Unit(Zone C)
Total Assessment Levy $246,292.33 $182,163 $9,702.00 $73,838.76 $3,079.30 $6,382.92 $23,840.02 $924.00 $11,297.78 $15,242.88 $1,356.14
FUND BALANCES
Beginning Fund Balance ($99,114) ($254,739) $18,411 $118,781 ($24) $610 ($17,776) ($3,080) ($6,618) ($20,976) ($4,966)
Net Outlays and Contributions ($26,708) $32,875 ($8,465) $7,328 # ($6,737) ($11,148) ($11,484) ($3,342) ($8,175) ($11,578) ($3,730)
Ending Fund Balance ($125,822) ($221,864) $9,946 $126,109 ($6,761) ($10,538) ($29,260) ($6,422) ($14,793) ($32,554) ($8,696)
HISTORICAL INFORMATION
2008-09 Net Levy per Unit/Acre $20.84 $3.30/$17.24 $71.15 $116.461$145.64 $11.62 $49.48 $107.56/$114.22 $42.00 $123.15 $15.40/$37.68 $27.43
2007-08 Net Levy per Unit/Acre $20.84 $3.30/$17.24 $81.50 $116.461$145.64 $11.62 $49.48 $107.56/$114.22 $42.00 $123.15 $15.40/$37.68 $27.43
2006-07 Net Levy per Unit/Acre $20.84 $3.30/$17.24 $129.36 $116.46/$145.64 $11.62 $49.48 $107.56/$114.22 $42.00 $123.15 $15.40 I$37.68 $27.43
2005-06 Net Levy per Unit/Acre $20.84 $3.30/$17.24 $40.80 $116.46/$145.64 $11.62 $49.48 $107.56/$114.22 $42.00 $123.15 $15.40 I$37.68 $27.43
2004-05 Net Levy per Unit/Acre $20.84 $3.30/$17.24 $12.94 $116.46/$145.64 $11.62 $49.48 $107.56/$114.22 $42.00 $123.15 $15.40/$37.68 $27.43
2003-04 Net Levy per Unit/Acre $20.84 $3.30/$17.24 $12.94 $116.46/$145.64 $11.62 $49.48 $107.56/$114.22 $42.00 $123.15 $15.40/$37.68 $27.43
2002-03 Net Levy per Unit/Acre $20.84 $3.30/$17.24 $129.36 $116.46/$145.64 $11.62 $49.48 $107.56/$114.22 $42.00 $123.15 $15.40/$37.68 $27.43
2001-02 Net Levy per Unit/Acre $20.84 $3.30/$17.24 $129.36 $116.461$145.64 $11.62 $49.48 $107.56/$114.22 $42.00 $123.15 $15.40/$37.68 $27.43
CITY OF MOORPARK
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CITY OF MOORPARK
Landscaping and Lighting MADs
Fiscal Year 2009-10 Budget
Zone/District Designation 10 11 12 14 15 16 18 19 20
Account Number 2310.0000 2311.0000 2312.0000 2314.0000 2315.0000 2316.0000 2318.0000 2319.0000 2320.0000
Assessor Fund Number
I
i
District Description Mt.Meadows Tract 4174 Carlsberg Wilshire Builders Toll Brothers Cabrillo Colmer MdM Lyon Homes
DIRECT COSTS
Salaries&Benefits $0 $0 $0 $0 $0 $0 $0 $0 $0
Services&Supplies $221,287 $7,366 $174,000 $8,076 $134,148 $18,225 $15,250 $0 $134,324
Debris Basin Expenses $5,170 $0 $0 $0 $0 $5,000 $5,000 $0 $0
Fixed Equipment Expenses $0 $0 $0 $0 $0 $0 $0 $0 $0
Capital Improvement Projects $0 $0 $0 $0 $0 $0 $0 $0 $0
Subtotal $226,457 $7,366 $174,000 $8,076 $134,148 $23,225 $20,250 $0 $134,324
Total Expense per Benefit Unit $127.58 $818.44 $324.63 $807.60 $414.04 $393.64 $810.00 $0.00 $541.63
f
f
RESERVE FUND/OTHER CONTRIBUTIONS
Contribution to/(from)Reserve Funds ($24,602) ($4,165) ($133,915) ($6,583) ($35,767) ($13,587) $3,455 $14,589 ($63,260)
Contribution to/(from)General Fund $0 $0 $0 $0 $0 $0 $0 $0 $0
Contribution to/(from)Capital Improvement Fund $0 $0 $0 $0 $0 $0 $0 $0 $0
Contribution(from)Other/Interest Income ($323) ($161) ($10,976) $0 ($40,030) ($1,937) ($807) ($807) ($13,882)
Subtotal ($24,925) ($4,326) ($144,891) ($6,583) ($75,797) ($15,524) $2,648 $13,782 ($77,142) k
Balance to Levy $201,532 $3,040 $29,109 $1,493 $58,351 $7,701 $22,898 $13,782 $57,182
DISTRICT STATISTICS
Total Parcels 2,493 9 563 10 251 59 25 1 277
Total Benefit Units-(Zone A)Residential 1,775.00 9.00 536.00 10.00 324.00 59.00 25.00 6.27 248.00
Total Benefit Units-(Zone B)Com./Indus. 669.00 70.78
Total Benefit Units-(Zone C)Institutional 11.23 3.84
Levy per Unit(Zone A) $76.54 $337.78 $50.70 $149.33 $180.10 $130.52 $915.90 $2,198.15 $230.57
Levy per Unit(Zone B) $87.38 $18.35
Levy per Unit(Zone C) $642.57 $165.26
Total Assessment Levy $201,531.78 $3,040.02 $29,108.76 $1,493.30 $58,350.78 $7,700.74 $22,897.50 $13,782.40 $57,181.86
FUND BALANCES
Beginning Fund Balance $36,665 $5,966 $546,049 $113 $1,979,611 $87,422 $48,682 $36,634 $971,595
Net Outlays and Contributions ($24,602) ($4,165) ($133,915) ($6,583) ($35,767) ($13,587) $3,455 $14,589 ($63,260)
Ending Fund Balance $12,063 $1,801 $412,134 ($6,470) $1,943,844 $73,835 $52,137 $51,223 $908,335
HISTORICAL INFORMATION
2008-09 Net Levy per Unit/Acre $76.54/$77.62/642.57 $337.78 354.50 1128.32/1155.53 $149.16 $359.78 $156.45 $595.94 $2,195.65 $1,612.17
2007-08 Net Levy per Unit/Acre $76.54/$77.62/642.57 $337.78 486.19/176/1584.-, $143.20 $345.42 $150.32 $878.29 $2,107.88 $2,211.04
2006-07 Net Levy per Unit/Acre $76.54/$77.62/642.57 $337.78 468.86/169.73/15: $138.10 $166.54 $40.23 $279.50 $2,032.71
2005-06 Net Levy per Unit/Acre $76.54/$87.38/642.57 $166.86 45.06/16.31/146.89 $132.74 $160.07 $386.70 $814.06 $1,953.75
2004-05 Net Levy per Unit/Acre 6.54/$87.381642.57 $33.78 43.16/15.62/140.70 $127.16 $153.34 $253.06 $779.84
2003-04 Net Levy per Unit/Acre 6.541$87.381642.57 $33.78 343.06/124.20/1118.26 $124.94 $1,506.30 $363.90
2002-03 Net Levy per Unit/Acre 6.54/$87.381642.57 $33.78 408.94/148.06/1332.94 $120.48 $1,452.56 $179.26
2001-02 Net Levy per Unit/Acre 6.541$87.381642.57 $337.78 400.52/145.02/1305.53 $118.00 $1,422.68 $175.58
CITY OF MOORPARK
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS ConsuItIngGroup
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CITY OF MOORPARK
i
Landscaping and Lighting MADs
Fiscal Year 2009-10 Budget
f
Zone/District Designation 21 22 24 25
Account Number 2321.0000 2322.0000 2324.0000 2325.0000 L
Assessor Fund Number
District Description Shea Homes Pardee Homes Asadurian Nearon Totals
DIRECT COSTS
Salaries&Benefits $0 $0 $0 $0 $0
Services&Supplies $19,403 $250,041 $0 $0 $2,022,753
Debris Basin Expenses $0 $0 $0 $0 $16,032
Fixed Equipment Expenses $0 $0 $0 $0 $0
Capital Improvement Projects $0 $0 $0 $0 $0
Subtotal $19,403 $250,041 $0 $0 $2,038,785
Total Expense per Benefit Unit $251.99 $474.01 $0.00 $0.00
RESERVE FUND/OTHER CONTRIBUTIONS
Contribution to/(from)Reserve Funds ($4,134) ($42,871) $1,003 $1,224 ($359,777)
Contribution to/(from)General Fund $0 $0 $0 $0 ($156,250)
Contribution to/(from)Capital Improvement Fund $0 $0 $0 $0 $0
Contribution(from)Other/Interest Income ($323) ($38,739) ($484) ($161) ($368,592)
Subtotal ($4,457) ($81,610) $519 $1,063 ($884,619)
Balance to Levy $14,946 $168,431 $519 $1,063 $1,154,166
DISTRICT STATISTICS
Total Parcels 59 559 2 1
Total Benefit Units-(Zone A)Residential 77.00 527.50
Total Benefit Units-(Zone B)Com./Indus. - 2.53 11.52
Total Benefit Units-(Zone C)Institutional 58.00
Levy per Unit(Zone A) $194.11 $287.67
Levy per Unit(Zone B) $205.27 $92.27
Levy per Unit(Zone C)
Total Assessment Levy $14,946.09 $168,430.79 $519.33 $1,062.95 $1,154,165.82
FUND BALANCES
Beginning Fund Balance $28,153 $2,770,263 $21,623 $6,580 $6,269,865
Net Outlays and Contributions ($4,134) ($42,871) $1,003 $1,224 ($319,133)
Ending Fund Balance $24,019 $2,727,392 $22,626 $7,804 $3,152,266
HISTORICAL INFORMATION
2008-09 Net Levy per Unit/Acre $387.77 $2,011.40 $205.04 $92.17
2007-08 Net Levy per Unit/Acre $372.27 $2,758.57 $196.85 $88.49
2006-07 Net Levy per Unit/Acre $360.43
2005-06 Net Levy per Unit/Acre
2004-05 Net Levy per Unit/Acre
2003-04 Net Levy per UnitAcre
2002-03 Net Levy per Unit/Acre
2001-02 Net Levy per Unit/Acre
CITY OF MOORPARK �-
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS Consultlr-gGr oup
.. ENGINEERS REPORT}FY 2009-10
PAGE 15
Notes To The Estimate Of Cost
1) Landscape Assessment Rate For Single Family, Level 1 x Levy per Unit (Zone A) _
Annual Landscaping Assessment (4 x $3.30 = $13.20). Due to rounding, Assessment
differs slightly from Table 1 of the Engineer's Report.
2) The Fund Balance shown on the budget includes operating reserves and the Capital
Improvement Reserve Fund. Each Assessment District and / or Zone has a Capital
Improvement Reserve Fund to provide funding for unforeseen expenses (slope failures,
etc.). The projected year-end balance for said Capital Improvement Reserve Funds
shall not exceed one (1) year of estimated program costs for each district or zone; and if
and when it is determined that levying the maximum authorized assessment for any district
or zone in any given year, would cause the Capital Improvement Reserve Fund for that
district or zone to exceed said limit, then the amount of the approved assessment which
shall be "levied" upon the properties in said district or zone, shall be reduced to an amount
which is estimated to not cause said Capital Improvement Reserve Fund year-end balance
to exceed said limit. In any event, the amount of the assessment shall always remain
unchanged. Any reduction to the amount actually levied upon the property, shall not affect
the maximum authorized assessment amount for that or any future year. In the event the
amount levied is less than the maximum authorized assessment amount, the amount
levied shall not be less than 10%of the maximum authorized assessment.
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(METHOD OF(APPORTIONMENT
METHOD OF APPORTIONMENT
This section of the Engineer's Report explains the special and general benefits to be
derived from the installation, maintenance and servicing of lighting and landscaping
facilities throughout the City, and the methodology used to apportion the total assessment
to properties within the Assessment Districts.
The Assessment Districts consists of all Assessor Parcels within the boundaries of the City
of Moorpark as defined by the County of Ventura tax code areas. The parcels include all
privately or publicly owned parcels within said boundaries. The method used for
apportioning the assessment is based upon the proportional special benefits to be derived
by the properties in the Assessment Districts over and above general benefits conferred on
real property or to the public at large. The apportionment of special benefit is a two step
process: the first step is to identify the types of special benefit arising from the
improvements, and the second step is to allocate the assessments to property based on
the estimated relative special benefit for each type of property.
DISDUSSION OF BENEFIT
In summary, the assessments can only be levied based on the special benefit to property.
This benefit is received by property over and above any general benefits. With reference
to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act
of 1972 states:
"The net amount to be assessed upon lands within an assessment district may be
apportioned by any formula or method which fairly distributes the net amount among all
assessable lots or parcels in proportion to the estimated benefits to be received by each
such lot or parcel from the improvements."
Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed
that assessments must be based on the special benefit to property and that the value of
the special benefits must reasonably exceed the cost of the assessment:
"No assessment shall be imposed on any parcel which exceeds the reasonable cost of the
proportional special benefit conferred on that parcel.if
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:
CITY OF MOORPARK
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A. PROXIMITY TO IMPROVED LANDSCAPED AREAS AND OTHER PUBLIC IMPROVEMENTS
WITHIN THE ASSESSMENT DISTRICTS.
B. ACCESS TO IMPROVED LANDSCAPED AREAS AND OTHER PUBLIC IMPROVEMENTS WITHIN
THE ASSESSMENT DISTRICTS,
C. IMPROVED VIEWS WITHIN THE ASSESSMENT DISTRICTS.
D. EXTENSION OF A PROPERTY'S OUTDOOR AREAS AND GREEN SPACES FOR PROPERTIES
WITHIN CLOSE PROXIMITY TO THE IMPROVEMENTS.
E. CREATION OF INDIVIDUAL LOTS FOR RESIDENTIAL AND COMMERCIAL USE THAT, IN
ABSENCE OF THE ASSESSMENTS,WOULD NOT HAVE BEEN CREATED.
F. DRAINAGE OF WATER AND RUNOFF FROM PROPERTY IN THE DISTRICT
G. PROTECTION FROM FLOODING AND STANDING WATER DUE TO THE IMPROVED DRAINAGE
SYSTEMS
In this case, the recent the SVTA v. SCCOSA decision provides enhanced clarity to the
definitions of special benefits to properties in three distinct areas:
• Proximity
• Expanded or improved access
• Views
The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or
improvement that provides a direct advantage to a parcel and that indirect or derivative
advantages resulting from the overall public benefits from a service or improvement are
general benefits. The SVTA v. SCCOSA decision also provides specific guidance that
park improvements are a direct advantage and special benefit to property that is proximate
to a park that is improved by an assessment:
the characterization of a benefit may depend on whether the parcel receives a
direct advantage from the improvement(e.g. proximity to a park) or receives an
indirect, derivative advantage resulting from the overall public benefits of the
improvement(e.g. general enhancement of the district's property values).
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Proximity, improved access and views, in addition to the other special benefits listed above
further strengthen the basis of these assessments.
GENERAL VERSUS SPECIAL BENEFIT
The Assessments allow the City to provide permanent public Improvements within its
boundaries at a much higher level than what otherwise would be provided in absence of
the Assessments. Moreover, in absence of the Assessments,the Improvements would not
be provided because the City does not have alternative available funds to provide the
Improvements.
All of the Assessment proceeds derived from the Assessment District will be utilized to
fund the cost of providing a level of tangible "special benefits" in the form of landscaped
parkways, landscaped medians, landscaped corridors, lights, signs, trail systems, drainage
facilities, other Improvements and costs incidental to providing the Improvements and
collecting the Assessments. The Assessments are also structured to provide specific
Improvements within each Zone of Benefit and / or Assessment District, further ensuring
that the Improvements funded by the Assessments are of specific and special benefit to
property within each Zone of Benefit and/or Assessment District.
Although these Improvements may be available to the general public at large, the
permanent public Improvements in the Assessment Districts were specifically designed,
located and created to provide additional and improved public resources for the direct
advantage of property inside the Assessment Districts, and not the public at large. Other
properties that are either outside the Assessment Districts or within the Assessment
Districts and not assessed, do not enjoy the unique proximity, access, views and other
special benefit factors described previously. Moreover, many of the homes in the
Assessment Districts would not have been built if the Assessments were not established
because an assessment for the Improvements was a condition of development approval.
In summary, real property located within the boundaries of the Assessment Districts
distinctly and directly benefits from closer proximity, access and views of Improvements
funded by the Assessments, the creation of developable parcels, the extension of usable
land area provided by the assessments and other special benefits. The Improvements are
specifically designed to serve local properties in each Assessment District, not other
properties or the public at large. The Assessment Districts have been narrowly drawn to
include those parcels that receive a direct advantage from the Improvements. The public
at large and other properties outside the Assessment Districts receive only limited benefits
from the Improvements because they do not have proximity, good access or views of the
Improvements. These are special benefits to property in the Improvement 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 Assessment Districts would
not be maintained and would turn into brown, unmaintained and unusable public
improvements and public lands. If this happened, it would create a significant and material
CITY OF MOORPARlC
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AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS C. onsultingGroup
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negative impact on the desirability, utility and value of property in the Assessment 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 Assessment 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 Assessment
Districts and that the value of the special benefits from such Improvements to property in
the Assessment Districts reasonably exceeds the cost of the Assessments for every
assessed parcel in the Assessment Districts. (In other words, as required by Proposition
218: the reasonable cost of the proportional special benefit conferred on each parcel
reasonably exceeds the cost of the assessments.)
Special Note Regarding General Benefit and the SVTA v. SCCOSA Decision:
There is no widely-accepted or statutory formula for calculating general benefit.
General benefits are benefits from improvements or services that are not special in
nature, are not "particular and distinct" and are not "over and above" benefits
received by other properties. The SVTA vs. SCCOSA decision provides some
clarification by indicating that general benefits provide "an indirect, derivative
advantage"and are not necessarily proximate to the improvements.
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. transportation facilities, other
infrastructure, etc.) Finally, this funding from other sources more than
compensates for general benefits, if any, received by the properties within the
assessments districts.
METHOD OF ASSESSMENT
The next step in apportioning assessments is to determine the relative special benefit for
each property. This process involves determining the relative benefit received by each
property in relation to a single family home as the base unit. This base unit methodology is
commonly used to distribute assessments in proportion to estimated special benefit and is
generally recognized as providing the basis for a fair and appropriate distribution of
assessments. For the purposes of this Engineer's Report, all properties are designated a
base unit value, which is each property's relative benefit in relation to a single family home
on one parcel. In this case, the "benchmark" property is the single family detached
dwelling which is assigned one Equivalent Dwelling Unit("EDU")or base unit.
CITY OF MOORPARK
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS �' ' �'
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PAGE 20
ASSESSMENT APPORTIONMENT
LIGHTING
The single family home has been selected as the base unit for the assessments. By
definition, a single family home located on a street that has existing streetlights is assigned
1 EDU or base benefit unit. This assessment rate, which is composed of benefit factors,
which correspond to the following types of benefit.
People Use- People related benefits 0.50
Security Benefit- Property protection 0.25
Intensity- Degree of illumination 0.25
Assessment Rate: 1.00
Parcels in other land use categories, including publicly owned parcels, were then rated by
comparison with the basic unit.
People Use- People related benefits
1. Reduction in night accidents.
2. Reduced vulnerability to criminal assault during hours of business.
3. Promotion of business operations during evening hours.
4. Increased safety on roads and highways.
Security Benefit-Property Protection
1. Reduction in vandalism and other criminal acts, and damage to improvements.
2. Reduction in burglaries.
Intensity:
Intensity or degree of illumination provided on streets varies with type of street, date of
installation and the use of the property adjacent thereto.
LANDSCAPING
The landscaping element of the spread formula recognizes that all properties within the
City benefit from the maintenance of the landscaping within the public right-of-way and
easements. These benefits include improved safety resulting from a regular tree trimming
program and improved street sweeping capabilities resulting from trimming trees which
may otherwise interface with street sweeping operations.
The method of spreading maintenance costs is based upon the assessment rates, and the
assessment rates are determined by the "people use" attributed to each land use within
the City. This method was chosen because the benefit received is directly proportionate to
the number of people generated by each land use. Recognizing that residential land uses
CITY OF MOORPARK ' < . ..
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PAGE 21
within the City derive a higher degree of benefit than non-residential land uses the formula
was subdivided into two main groups, with residential land uses contributing in 75% of the
assessment and non-residential uses being assessed for the remaining 25% of the
maintenance costs.
The single family home has been selected as the base unit for the spread of assessment.
The base unit has assigned an assessment rate of 4. Parcels in other land use categories,
including publicly owned parcels, were rated by comparison with the basic unit. See Table
1 for further detail regarding the assessment rates and annual assessment for property by
land use classification.
ASSESSMENT APPORTIONMENT BY AD84-2 ZONE/AND LLD
1. 75 lots within Tract No. 2851 are assessed an additional landscape maintenance
assessment for a portion of the Ventura County Flood Control Easement immediately north
of Campus Park Drive, as well as portions of the parkway landscaping at the entrance to
and within the interior of Tract 2851. The additional per lot assessment is $129.37. The
obligation upon these lots is pursuant to a condition of development.
2. 623 lots within Tract 2865 are assessed an additional landscape maintenance
assessment for the maintenance of specific landscape areas and debris basins within the
tract. The landscaped areas include certain parkways, the Tierra Rejada Road slope and
streetscape areas, and the monument sign within the tract. The additional per lot
assessment is $116.46. 48 lots are assessed an additional $29.17 per lot for the
maintenance of the debris basins. The obligations upon these lots are pursuant to a
condition of development.
3. 265 lots within Tract No. 3032 are assessed an additional landscape maintenance
assessment for the maintenance of an entry monument at Butter Creek Road and Los
Angeles Avenue and landscaping on the South side of Pepper Mill Street. The additional
per lot assessment is$11.62.
4. 129 lots within Tract No. 3274 are assessed an additional landscape maintenance
assessment for the maintenance of the landscaped barrier in Williams Ranch Road at the
Edison power lines, and the parkway landscaping on both sides of Williams Ranch Road
east and west of the Edison Easement. The additional per lot assessment is $49.48. The
obligation upon these lots is pursuant to a condition of development.
5. 217 lots within Tract No. 3019 and 3525 are assessed an additional landscape
maintenance assessment for the maintenance of the Tierra Rejada Road slope and
parkways, including the entry statements at Pheasant Run Street, and the parkway on the
west side of Peach Hill Road between Williams Ranch and Tierra Rejada Roads. The
additional per lot assessment is $107.56. 75 lots are assessed an additional $6.67 per lot
for the maintenance of debris basins. The obligation upon these lots is pursuant to a
condition of development.
CITY OF MOORPARK
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6. 22 lots within Tract No. 3306 are assessed an additional landscape maintenance
assessment for the maintenance of landscape area at the terminus of Inglewood Street.
The additional per lot assessment is $42.00. The obligation upon these lots is pursuant to
a condition of development.
7. 90+ acres northerly of Los Angeles Avenue, southerly of Poindexter Avenue, and
between Gabbert and Shasta Avenue are assessed an additional landscape maintenance
assessment for the maintenance of the parkway on the north side of Los Angeles Avenue
Parkway. The additional per lot assessment is$123.15 per acre.
8. 498 lots within Tract No. 4340, 4341, 4792 and a portion of Tract 4342 are
assessed an additional $15.40 for 50% of the maintenance costs for the Home Acres
Buffer Areas. The remaining 50% of such costs are recovered via an assessment upon
201 lots in the Home Acres area, in the amount of$37.69 per lot. This is the total amount
of the assessment on the lots within Home Acres. Said lots are not assessed for Citywide
lighting or landscaping.
9. 49 acres in the Industrial Park on Condor Drive are assessed an additional
landscape maintenance assessment for the maintenance of the parkway located at the
southwest corner of Los Angeles Avenue and Virginia Colony Place. The additional per lot
assessment is$27.43 per acre.
10. 2448 residential lots and one commercial property within the Mountain Meadows
Planned Community (PC-3) are assessed an additional landscape maintenance
assessment for the maintenance of the landscaping within the Peach Hill Wash Linear
Park, the slope along the north side of the Peach Hill Wash and the downstream flood
control facility located just east of Mountain Trail Street and within certain parkways along
Terra Rejada Road. The additional per lot assessment for residential properties is $76.55
and the assessment for the commercial property at the southwest corner of Mountain Trail
Street and Tierra Rejada Road is $615.71 per acre [118.81 ac x 8EDU/ac = 95 EDU >> x
$76.55/EDU = $7,272.25 / 11.81 ac = $615.71]. 669 lots are assessed an additional
$10.84 per lot for the maintenance of debris basins. The obligation upon these lots is
pursuant to a condition of development.
11. 9 lots within Tract No. 4174 are assessed an additional landscape maintenance
assessment for the maintenance of parkway landscaping within the tract. The additional
per lot assessment is$337.78.
12. The maintenance costs for Zone 12 are allocated to the approved ultimate land
uses within Zone 12 as follows:
CITY OF MOORPARK
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Improvement CommAnd. Institutional Absidentia I
Science Drive Parkways& Medians 25% 75%
Science Drive Slope Easements 100%
Tierra Re ja d a Rd. Pa rkw a ys& Slopes 100%
Tierra Re ja d a Median 0% 0% 0%
Spring Road Parkway 34% 66%
Spring Road Slope Wasements 100%
Spring Road Median 0% 0% 0%
It has been determined by the assessment engineer that formed this Zone of Benefit that
Water Utility and Flood Control properties receive no benefit from the proposed
improvements. Accordingly, all such properties shall be exempt from the Zone 12
assessments. In addition, in that the portion of the total assessment allocated to the
Institutional Properties is spread to only lots 3 and 4 of Tract 4974, the slope adjacent to
Spring Road (APN#512-0-270-065) is exempt.
The assessments for Zone 12 can be increased annually after fiscal year 2000-01 to cover
increases in the cost of maintenance, installation and servicing of the improvements. The
rate of any annual increase shall be based upon the increase in the Consumer Price Index
("CPI") for all Urban Consumers for the Los Angeles Metropolitan Area, for the calendar
year ending the December prior to the Fiscal Year of the proposed assessment. Any
increase to the assessment for Zone 12 may include any increase deferred in any and all
prior years. As the amount of the annual increase in the Los Angeles Area Consumer
Price Index from December 2007 to December 2008 is 0.114% the maximum levy rate for
fiscal year 2009-10 is 0.114% above the maximum levy rate for fiscal year 2009-10.
Including the authorized annual adjustment, the maximum authorized assessment rates for
fiscal year 2009-10 for each land use category are as follows:
• Commercial/Industrial: $183.52 lac
• Institutional $1,652.63/ac
• Residential $507.00/Lot or EDU
It has been determined that the projected year-end fund balance will exceed one (1) year
of estimated program costs for this District if the maximum authorized assessment is
levied. The amount of the approved assessment which shall be "levied" upon the
properties in this District shall be reduced to an amount which is estimated to not cause
the year-end balance to exceed said limit. In the event the amount levied is less than the
maximum authorized assessment amount, the amount levied shall not be less than 10%of
the maximum authorized assessment. The proposed rates to be levied for fiscal year
2009-10 are:
• Commercial/Industrial: $18.35 lac
• Institutional $165.26 lac
• Residential $50.70/Lot or EDU
CITY OF MOORPARK
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14. 10 lots within Tract No. 5201 are assessed an additional landscape maintenance
assessment for the maintenance of parkway landscaping within the tract. The additional
per lot assessment is $149.33. This district is subject to an annual maximum authorized
rate increase including the authorized CPI adjustment based upon the change in the CPI.
15. 216 residential lots and two golf course parcels within Tract 4928 are assessed an
additional landscape maintenance assessment for the maintenance of parkway and
median landscaping within the tract. The Engineer has determined that the appropriate
method of apportionment of the benefits derived by all parcels is on an EDU basis, with
one third of EDU units to be allocated to the golf course parcels, and the remaining two
thirds of EDU units to be allocated to the residential properties. The additional per EDU
maximum authorized assessment rate is $1,800.95. This district is subject to an annual
maximum authorized rate increase including the authorized CPI adjustment based upon
the change in the CPI. It has been determined that the projected year-end fund balance
will exceed one (1)year of estimated program costs for this district if the maximum
authorized assessment is levied. The amount of the approved assessment which shall be
"levied" upon the properties in this district shall be reduced to an amount which is
estimated to not cause the year-end balance to exceed said limit. In the event the amount
levied is less than the maximum authorized assessment amount, the amount levied shall
not be less than 10% of the maximum authorized assessment. The proposed rate to be
levied for fiscal year 2009-10 is$180.10.
16. 59 lots within Tract 5161 are assessed an additional landscape maintenance
assessment for the maintenance of parkway landscaping and drainage improvements.
The additional per lot maximum authorized assessment rate for fiscal year 2009-10 is
$435.07. This district is subject to an annual maximum authorized rate increase including
the authorized CPI adjustment based upon the change in the CPI. It has been determined
that the projected year-end fund balance will exceed one (1)year of estimated program
costs for this district if the maximum authorized assessment is levied. The amount of
the approved assessment which shall be "levied" upon the properties in this district shall
be reduced to an amount which is estimated to not cause the year-end balance to exceed
said limit. In the event the amount levied is less than the maximum authorized
assessment amount, the amount levied shall not be less than 10% of the maximum
authorized assessment. The proposed rate to be levied for fiscal year 2009-10 is$130.52.
18. 25 lots within Tract 5307 are assessed an additional landscape maintenance
assessment for maintenance of landscaping and irrigation system, along the west and
south perimeter of the Tract on Flory Street and on Los Angeles Avenue and drainage
maintenance of bio-swales. The additional per lot maximum authorized assessment rate
for fiscal year 2009-10 is $915.90. This district is subject to an annual maximum
authorized rate increase including the authorized CPI adjustment based upon the change
in the CPI.
19. Parcels within Tract 5264 (M & M Development) are assessed an additional
landscape maintenance assessment for maintenance of medians and islands on Collins
Drive and the Campus Park Drive median along the frontage of the property. The
additional per acre maximum authorized assessment rate for fiscal year 2009-10 is
CITY OF MOORPARK
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS ConsultingGroup
ENGINEER'S REPORT,FY 2009-10
t 00
PAGE 25
$2,198.15. Parcels in Tract 5264 are also subject to an additional landscape maintenance
assessment for maintenance of parkway landscaping along the Campus Park Drive and
Collins Drive. The property owner shall retain the responsibility for the maintenance of the
parkway landscaping, but in the event it is ever determined that said maintenance is
inadequate, the City can take over the maintenance of the parkway improvements. The
assessment for the cost of maintaining the parkway improvements will be levied only if the
City takes over responsibility for the maintenance of the parkway improvements. The
additional per acre maximum authorized assessment rate for fiscal year 2009-10 including
parkway landscaping is $8,303.12. This district is subject to an annual maximum
authorized rate increase including the authorized CPI adjustment based upon the change
in the CPI.
20. Parcels within Tract 5187 (Lyon Homes) are assessed an additional landscape
maintenance assessment for maintenance of slope, parkway and median landscape
improvements located throughout the District. In addition parcels within Tract 5187 are
also subject to an additional assessment for maintenance of bio-swales, detention basins
and storm drains. The additional per lot maximum authorized assessment rate for fiscal
year 2009-10 is $2,305.72. This district is subject to an annual maximum authorized rate
increase including the authorized CPI adjustment based upon the change in the CPI. It
has been determined that the projected year-end fund balance will exceed one (1)year of
estimated program costs for this district if the maximum authorized assessment is levied.
The amount of the approved assessment which shall be"levied" upon the properties in this
district shall be reduced to an amount which is estimated to not cause the year-end
balance to exceed said limit. In the event the amount levied is less than the maximum
authorized assessment amount, the amount levied shall not be less than 10% of the
maximum authorized assessment. The proposed rate to be levied for fiscal year 2009-10
is$230.57.
21. Parcels within Tract 5133 (Shea Homes) are assessed an additional landscape
maintenance assessment for maintenance of parkway landscaping along Los Angeles
Avenue frontage and Millard Street western perimeter. In addition parcels within Tract
5133 are also subject to an additional assessment for maintenance of drainage
improvements including the maintenance of filtration systems, six seven foot catch basins,
two fourteen foot catch basins and storm drains located throughout the District. The
additional per lot maximum authorized assessment rate for fiscal year 2009-10 is $388.21.
Parcels in Tract 5133 are also subject to an additional drainage maintenance assessment
for the maintenance of drainage improvements including front yard grass swales (for 77
lots), catch basin near the northwest corner of the tract, six twelve inch pad catch basins
and pad PVC drains. The Homeowners Association shall retain the responsibility for the
maintenance of these drainage improvements, but in the event it is ever determined that
said maintenance is inadequate, the City can take over the maintenance of these drainage
improvements. The assessments for the cost of maintaining these drainage improvements
will be levied only if the City takes over responsibility for the maintenance of these
drainage improvements. The additional per lot maximum authorized assessment rate for
fiscal year 2009-10 including HOA maintained drainage improvements is $445.91. This
district is subject to an annual maximum authorized rate increase including the authorized
CPI adjustment based upon the change in the CPI. It has been determined that the
CITY OF MOORPARIC «= :
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS nsultingGroup
ENGINEER'S REPORT,FY 2009-10 11000090
PAGE 26
projected year-end fund balance will exceed one (1)year of estimated program costs for
this district if the maximum authorized assessment is levied. The amount of the approved
assessment which shall be "levied" upon the properties in this district shall be reduced to
an amount which is estimated to not cause the year-end balance to exceed said limit. In
the event the amount levied is less than the maximum authorized assessment amount, the
amount levied shall not be less than 10% of the maximum authorized assessment. The
proposed rate to be levied for fiscal year 2009-10 is$194.11.
22. Parcels within Tract 5045 (Pardee Homes) are assessed an additional
assessment associated with the maintenance of slope, parkway and median landscape
improvements along Spring Road. Maintenance of trails located throughout the District. In
addition parcels within Tract 5045 are also subject to an additional assessment for
maintenance of drainage improvements. The additional per lot maximum authorized
assessment rate for fiscal year 2009-10 is $2,876.70. Parcels in Tract 5045 are also
subject to an additional landscape maintenance assessment for the maintenance of slope
landscape improvements along "B" Street and "C" Street and maintenance of parkway
landscape improvements along "A" Street. The Homeowners Association shall retain the
responsibility for the maintenance of these landscape improvements, but in the event it is
ever determined that said maintenance is inadequate, the City can take over the
maintenance of these landscape improvements. The assessments for the cost of
maintaining these landscape improvements will be levied only if the City takes over
responsibility for the maintenance of these landscape improvements. The additional per
lot maximum authorized assessment rate for fiscal year 2009-10 including HOA
maintained landscape improvements is $3,153.69. It has been determined that the
projected year-end fund balance will exceed one (1) year of estimated program costs for
this district if the maximum authorized assessment is levied. The amount of the approved
assessment which shall be "levied" upon the properties in this district shall be reduced to
an amount which is estimated to not cause the year-end balance to exceed said limit. In
the event the amount levied is less than the maximum authorized assessment amount, the
amount levied shall not be less than 10% of the maximum authorized assessment. The
proposed rate to be levied for fiscal year 2009-10 is $287.67. This district is subject to an
annual maximum authorized rate increase including the authorized CPI adjustment based
upon the change in the CPI.
24. Parcels within IPD 2000-10 (Asadurian) are subject to an additional landscape
maintenance assessment associated with the maintenance of parkway and site landscape
improvements along Goldman Avenue and Los Angeles Avenue. The Property Owner
shall retain the responsibility for the maintenance of the landscape improvements, but in
the event it is ever determined that said maintenance is inadequate, the City can take over
the maintenance of the landscape improvements. The assessments for the cost of
maintaining the landscape improvements will be levied only if the City takes over
responsibility for the maintenance of the landscape improvements. The additional per lot
maximum authorized assessment rate for fiscal year 2009-10 is $205.27. The additional
per lot maximum authorized assessment rate for fiscal year 2009-10 including Property
Owner maintained landscape and drainage improvements is $9,136.03. This district is
subject to an annual maximum authorized rate increase including the authorized CPI
adjustment based upon the change in the CPI.
CITY OF MOORPARlC
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT onsult roup
ENGINEER'S REPORT,FY 2009-10
00I51
PAGE 27
25. Parcels within CPD 2004-01 (Nearon) are subject to an additional landscape
maintenance assessment associated with the maintenance of slope landscape
improvements, right of way landscape improvements and project frontage landscape
improvements. Drainage maintenance costs associated with the maintenance of a bio
swale, storm drain system and five catch basins. The Property Owner shall retain the
responsibility for the maintenance of the landscape and drainage improvements, but in the
event it is ever determined that said maintenance is inadequate, the City can take over the
maintenance of the landscape and drainage improvements. The assessments for the cost
of maintaining the landscape and drainage improvements will be levied only if the City
takes over responsibility for the maintenance of the landscape and drainage
improvements. The additional per lot maximum authorized assessment rate for fiscal year
2009-10 is $92.27. The additional per lot maximum authorized assessment rate for fiscal
year 2009-10 including Property Owner maintained landscape improvements is$4,152.78.
This district is subject to an annual maximum authorized rate increase including the
authorized CPI adjustment based upon the change in the CPI.
CITY OF MOORPARK
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS n itir gGr€xu
ENGINEER'S REPORT,Fly 2009-10
000052
PAGE 28
Table 1
AD84-2 Assessment Rate and Assessment by Land Use Classification
Lighting Annual Landscape Annual
Assessment Lighting Assessment Landscaping
Landclass Description Rate Assessment Rate Assessment
0 Residential Vacant 0.25 5.20 0 0.00
1 Single Family, Level 1 1 20.84 4 13.18
2 Mobile Home 0 0.00 0 0.00
3 Condominium 1 20.84 3 9.88
4 Residential Income, 2-4 Units 1 20.84 3 9.88
5 Apartments, (5+ Units) 0.75 15.64 3 9.88
6 Single Family, Level 2 0.75 15.64 4 13.18
9 Mobile Home and Trailer Parks 0.75 15.64 3 9.88
10 Commercial, Vacant 0.25 15.64 0 0.00
11 Retail Stores, Single Story 4 83.40 3 51.70
12 Store and Office(Combination) 4 83.40 3 51.70
15 Shopping Centers (Neighborhood) 6.5 135.51 10 172.38
16 Shopping Centers (Regional) 6.5 135.54 30 517.14
17 Office Building(1 Story) 3 62.56 3 51.70
18 Office Stores (Multi-Story) 4 83.40 6 103.42
19 Retail Stores (Multi-Story) 4 83.40 6 103.42
21 Restaurants &Cocktail Lounge 5 104.26 3 51.70
24 Banks, Savings& Loans 3 62.56 3 51.70
25 Service Stations 4 83.40 3 51.70
26 Auto Sales, Repair 4 83.40 1 17.24
30 Industrial, Vacant Land 0.25 5.20 0 0.00
31 Light Manufacturing 5 104.26 12 206.86
32 Warehousing 4 83.40 4 68.94
33 Industrial Condos, Co-ops, PUD's 5 104.26 3 51.70
38 Mineral Processing 3 62.56 3 51.70
44 Truck Crops 1 20.84 2 34.48
46 Pasture(Permanent) 1 20.84 2 34.48
48 Poultry 1 20.84 2 34.48
49 Flowers, Seed Production 1 20.84 2 34.48
51 Orchards 1 20.84 2 34.48
53 Field Crops, Dry 1 20.84 2 34.48
54 Pasture of Graze, Dry 1 20.84 2 34.48
55 Feed Lots 1 20.84 2 34.48
57 Tree Farms 1 20.84 2 34.48
61 Theater 5 104.26 2 34.48
69 Parks 0 0.00 0 0.00
70 Institutional Vacant Land 0.25 5.20 0 0.00
71 Churches, Convent, Rectory 0.25 5.20 0 0.00
72 Schools 0 0.00 0 0.00
73 Colleges 0 0.00 0 0.00
78 Public Buildings, Firehouses, Museums, Etc. 0 0.00 0 0.00
79 Flood Control 0 0.00 0 0.00
80 Miscellaneous Vacant Land 0.25 5.20 0 0.00
81 Utility Water Company 0 0.00 0 0.00
83 Petroleum &Gas 2 41.70 1 17.24
86 Water Rights, Pumps 0 0.00 0 0.00
88 Highways& Streets 0 0.00 0 0.00
91 Utility Edison 0 0.00 0 0.00
92 Telephone 0 0.00 0 0.00
93 S.P.R.R. 0 0.00 0 0.00
94 Undedicated Community Condo. Dev. 0 0.00 0 0.00
95 State Property 0 0.00 0 0.00
96 County Property 0 0.00 0 0.00
97 City Property 0 0.00 0 0.00
99 Exem pt 0 0.00 0 0.00
CITY OF MOORPARK
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS ConsultingGroup
ENGINEER'S REPORT,FY 2009-10
1
PAGE 29
APPEALS AND INTERPRETATION
Any property owner who feels that the assessment levied on the subject property is in error
as a result of incorrect information being used to apply the foregoing method of
assessment, may file a written appeal with the Director of Community Services or her or
his designee. Any such appeal is limited to correction of an assessment during the then
current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal,
the Director of Community Services or his or her designee will promptly review the appeal
and any information provided by the property owner. If the Director of Community
Services or her or his designee finds that the assessment should be modified, the
appropriate changes shall be made to the assessment roll. If any such changes are
approved after the assessment roll has been filed with the County for collection, the
Director of Community Services or his or her designee is authorized to refund to the
property owner the amount of any approved reduction. Any property owner who disagrees
with the decision of the Director of Community Services or her or his designee, may refer
their appeal to the City Council of the City of Moorpark and the decision of the City Council
of the City of Moorpark shall be final.
CITY OF MOORPARK
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTSr .ItiragGr ►a
ENGINEER'S REPORT,FY 2009-10
PAGE 30
ASSESSMENT
WHEREAS, on December 17, 2008 the City Council of the City of Moorpark,
County of Ventura, California, pursuant to the provisions of the Landscaping and Lighting
Act of 1972 and Article XIIID of the California Constitution (collectively"the Act"), adopted
its Resolution Initiating Proceedings For the Levying of Annual Assessments for"Moorpark
Landscaping and Lighting Maintenance Assessment Districts" for the Fiscal Year
Commencing July 1, 2009 and Ending June 30, 2010, and Ordering the Preparation and
Filing of a Report Relating Thereto; and
WHEREAS, said Resolution directed the undersigned Engineer of Work to
prepare and file a report presenting an estimate of costs, a diagram for the assessment
districts and an assessment of the estimated costs of the improvements upon all
assessable parcels within the assessment districts, to which Resolution and the
description of said proposed improvements therein contained, reference is hereby made
for further particulars;
NOW, THEREFORE, the undersigned, by virtue of the power vested in me under
said Act and the order of the City Council of said City of Moorpark, hereby make the
following assessment to cover the portion of the estimated cost of said improvements, and
the costs and expenses incidental thereto to be paid by the assessment districts.
The amount to be paid for said improvements and the expense incidental thereto,
to be paid by the Landscaping and Lighting Maintenance Assessment Districts for the
fiscal year 2009-10 is generally as follows:
SUMMARY COST ESTIMATE
F.Y. 2009-10
Bud et
Direct Cost $2,038;785
Contribution to/from reserve fund ($884,619)
NET AMOUNT TO ASSESSMENTS $1,154,166
As required by the Act, Assessment Diagrams for the Assessment Districts
showing the exterior boundaries of said Landscaping and Lighting Maintenance
Assessment Districts have been prepared and are on file with the City. Reference is
hereby made to such Diagrams. The distinctive number of each parcel or lot of land in the
said Landscaping and Lighting Maintenance Assessment Districts is its Assessor Parcel
Number appearing on the Assessment Roll.
CITY OF MOORPARK ... :
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS on u lting coup
ENGINEER'S REPORT,FY 2009-10
10 0 0 101, 9
PAGE 31
And I do hereby assess and apportion said net amount of the cost and expenses
of said improvements, including the costs and expenses incident thereto, upon the parcels
and lots of land within said Landscaping and Lighting Maintenance Assessment Districts,
in accordance with the special benefits to be received by each parcel or lot, from the
improvements, and more particularly set forth in the Cost Estimate and Method of
Assessment hereto attached and by reference made a part hereof.
The assessment is made upon the parcels or lots of land within the Landscaping
and Lighting Maintenance Assessment Districts in proportion to the special benefits to be
received by the parcels or lots of land from said improvements.
Each parcel or lot of land is described in the Assessment Roll by reference to its
parcel number as shown on the Assessor's Maps of the County of Ventura for the fiscal
year 2009-10. 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 2009-10 for each
parcel or lot of land within the said Landscaping and Lighting Maintenance Assessment
Districts.
Dated: May 6, 2009
Engineer of Work
By
John W. Bliss, License No. C52091
CITY OF MOORPARIC x' K
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS
ENGINEER'S REPORT,FY 2009-10
PAGE 32
APPENDIX A-2009-10 ASSESSMENT ROLL
An Assessment Roll (a listing of all parcels assessed within the Assessment Districts and
the amount of the assessment) will be filed with the City Clerk and is, by reference, made
part of this report and is available for public inspection during normal office hours.
Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest
County Assessor records and these records are, by reference made part of this report.
These records shall govern for all details concerning the description of the lots or parcels.
CITY OF MOORPARK
viHN�^
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS %..onsultingGroup
ENGINEER'S REPORT,FY 2009-10
1. 00 091
PAGE 33
APPENDix B-ASSESSMENT DIAGRAM
Assessment Diagrams for the Assessment Districts have been prepared and are on file
with the City. Reference is hereby made to such Diagrams, and they are incorporated
herein by reference.
The boundaries of the Assessment Districts are displayed on the following Assessment
Diagram and supporting maps.
CITY OF MOORPARK
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS ..`Consulting roue
ENGINEER'S REPORT,FY 2009-10
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THE CITY OF MOORPARK CITY COUNCIL. AMOUNT OF EACH ASSESSMENT LEVIED AGAINST
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