HomeMy WebLinkAboutAGENDA REPORT 2009 1104 CC REG ITEM 08B ITEM 8_B.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
of —
ACTION: t�
MOORPARK CITY COUNCIL r
AGENDA REPORT
BY: -
TO: Honorable City Council
FROM: Yugal K. Lail, City Engineer/Public Works Director
DATE: October 22, 2009 (CC Meeting of 11104/09)
SUBJECT: Consider Final Engineer's Report for Assessment District AD09-01
(Warehouse District Center—CPD 2004-03) and Resolution Confirming
the Assessment Amounts for Fiscal Year 2010-11
DISCUSSION
A. Background
On August 20, 2008, the City Council considered a Petition/Waiver from the owner(s)
of the property subject to CPD 2004-03, requesting formation of the subject
assessment district. On that date the City Council approved and accepted that
Petition/Waiver and adopted Resolution No. 2008-2738, initiating the process
required for the formation of the subject Assessment District.
B. CPD 2004-03/ Improvements / Back-up District
The property subject to CPD 2004-03, generally described on the map attached as
Attachment 1, is located northeast of the intersection of the State Route 23 Freeway
and Los Angeles Avenue.
The developer of this property has constructed certain landscape and drainage
improvements (herein "Improvements") within and adjacent to the property. The
developer, and/or subsequent property managers, are responsible for maintaining the
Improvements. The Conditions of Approval for CPD 2004-03 include provisions to
allow the City to take over the responsibility for the maintenance of the improvements,
should the City determine that the improvements are not being maintained properly.
The Conditions of Approval for CPD 2004-03 require formation of an assessment
district to fund City costs associated with the possible future maintenance of the
Improvements by the City, and to fund on-going assessment district administration
costs.
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Honorable City Council
November 4, 2009
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C. Engineer's Report
The Engineer's Report for the formation of this new Assessment District has been
distributed to the City Council and key staff members by separate memo. Copies of
this report may be obtained from the City Clerk's Division. This report includes
certain information required for the formation of a 1972 Act Lighting and Landscaping
Assessment District, including the following:
• a Boundary Map for AD09-01;
• the reason for the assessment;
• the duration of the assessment;
• the method of assessment;
• the amount of the annual assessment; and
• a description of improvements to be maintained.
D. Improvements to be Maintained
The improvements to be maintained by the District (Improvements) are described in
the Engineer's Report.
E. Access and Right-of-Way
All of the Improvements (to be maintained) are located on-site or within Caltrans right-
of-way. A "Three-Way Agreement", between the developer, the City and Caltrans,
has been executed to facilitate access to the Improvements within the Caltrans right-
of-way. A Maintenance Easement will be granted to the City to allow for future City
access to the on-site Improvements, should that become necessary.
F. Primary Assessment & Back-Up Assessment
1. Primary Assessment. The Primary Assessment is that amount deemed
sufficient to fund annual assessment district administration costs. The amount of
the Primary Assessment for FY 2010/11, which is an amount equal to the
estimated administrative costs for FY 2010/11, is $500.00. The Engineer's
Report provides that each subsequent fiscal year the City will determine the
amount of the Primary Assessment and that said amount shall be sufficient to
cover actual past and estimated future administrative costs, even if said amount
exceeds the amount determined for the initial fiscal year.
2. Back-Up Assessment. The Back-up Assessment is an amount equal to the
estimated cost for the maintenance of the Improvements, plus a ten percent
(10%) contingency.
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Honorable City Council
November 4, 2009
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3. Assessment vs. Levy. Each fiscal year the Engineer's Report for the District will
state that the total assessment amount will be an amount equal to the sum of the
Primary Assessment and the Back-up Assessment. However, the Engineer's
Report will also state that the amount to be levied upon the Property will be an
amount equal to the Primary Assessment plus all or any portion of the Back-up
Assessment required to maintain those Improvements maintained or to be
maintained by the City.
G. Assessment Amount
The proposed assessments amounts discussed and defined in Engineer's Report are
re-capped as follows:
Total Estimated Annual Cost
Element Landscaping ($) Drainage($) Total ($)
Maintenance and Replacement Cost 25,701.00 7,293.00 32,994.00
Contingency(10%) 2,570.10 729.30 3,299.40
Administration 250.00 250.00 500.00
Total 28,521.10 8,272.30 36,793.40
Total Assessment Amount
Primary Back-up Total
Description Assessment Assessment Assessment
Total Assessment Amount $500.00 $36,793.40 $37,293.40
Total Number of acres 8.15 8.15 815
Total Assessment per Acre $61.35 $4,514.53 $4,575.88
H. Fiscal Year 2010/11 Levy Amount
The Engineer's Report stipulates that the levy amount for FY 2010/11 shall be the
amount identified as the "Primary Assessment" in the above chart.
I. Annual Adjustment Consumer Price Index (CPI)
The Engineer's Report provides for an annual adjustment to assessment and levy
amounts, based on Consumer Price Index (CPI) for the Los Angeles area as of
December of each succeeding year.
J. Capital Improvement Reserve Fund
The Engineer's Report also includes provisions for the establishment of a Capital
Improvement Reserve Fund. Said language states that when and if the Capital
Improvement Reserve Fund exceeds three hundred percent (300%) of the estimated
annual program costs, the actual amount of the assessment levied upon the affected
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Honorable City Council
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properties shall be reduced to an amount deemed sufficient to keep the amount of
the Capital Improvement Fund at an amount below the three hundred percent (300%)
ceiling.
K. Public Hearing
The "Landscaping and Lighting Act of 1972" ["Act"] (Streets and Highways Code)
requires that a public hearing be held prior to the formation of any new assessment
district and the levy of the assessments provided for by that new assessment district.
In signing and submitting the aforementioned Petition and Waiver, all affected
property owners for this assessment voluntarily waived their rights to notice, balloting
and providing other comment to the City, so no additional noticing is required.
L. Final Review and Revision
Consistent with the requirements of the Act, the City Council may make changes to
the Engineer's Report, including the assessment amounts set forth therein, at any
time prior to its action approving the levy of the assessments for the ensuing year.
FISCAL IMPACT
None.
STAFF RECOMMENDATIONS
1) Open the public hearing, accept testimony, and close the public hearing.
2) Approve the Engineer's Report for AD09-01 for FY 2010/2011, with no changes from
the report approved by City Council Resolution No. 2009 -2854.
3. Adopt Resolution No. 2009 -
Attachments:
1: Vicinity Map
2: Resolution
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ATTACHMENT 1
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VICINITY MAP
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61
Attachment 2
RESOLUTION NO. 2009 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, APPROVING
ENGINEER'S REPORT, CONFIRMING DIAGRAM AND
ASSESSMENT AND ORDERING LEVY OF
ASSESSMENT FOR FISCAL YEAR 2010-11 FOR THE
CITY OF MOORPARK LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT AD09-01
WHEREAS, this Council designated SCI Consulting Group as Engineer of
Work and ordered said Engineer to make and file an Engineer's Report for a
proposed Landscaping and Lighting Assessment District;
WHEREAS, the report was duly made and filed with the Council and duly
considered by this Council and found to be sufficient in every particular,
whereupon it was determined that the report should stand as the Engineer's
Report for all subsequent proceedings;
WHEREAS, in order to expedite the proceedings, the property owner has
submitted a Petition and Waiver, wherein the property owner (1) has requested
that the new assessment district be formed; and (2) has waived all rights
conferred by Proposition 218 with respect to the approval of the new assessment
by mailed ballot/notice and the 45-day time period for balloting;
WHEREAS, on November 4, 2009 at the hour of 7:00 PM at the City of
Moorpark City Council Chambers, 799 Moorpark Avenue, Moorpark, California
93021, the public hearing was duly and regularly held, and all persons interested
and desiring to be heard were given an opportunity to speak and be heard, and
all matters and things pertaining to the levy were fully heard and considered by
this Council, and all oral statements and all written protests or communications
were duly considered;
WHEREAS, at the public hearing the Council thereby acquired jurisdiction to
order the levy and the confirmation of the diagram and assessment prepared by
and made a part of the Engineer's Report to pay the costs and expenses thereof,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The public interest, convenience and necessity require that the
levy be made.
SECTION 2. The City of Moorpark Landscaping and Lighting Maintenance
Assessment District No. AD09-01 benefited by the improvements and assessed
to pay the costs and expenses thereof, and the exterior boundaries thereof, are
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Resolution No. 2009 -
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as shown by a map thereof filed in the office of the Council, which map is made
a part hereof by reference thereto.
SECTION 3. The Engineer's Report as a whole and each part thereof, to wit:
(a) the Engineer's estimate of the itemized and total costs and expenses
of maintaining the improvements and of the incidental expenses in
connection therewith;
(b) the diagram showing the assessment district, plans and
specifications for the improvements to be maintained and the boundaries
and dimensions of the respective lots and parcels of land within the City of
Moorpark Landscaping and Lighting Maintenance Assessment District No.
AD09-01; and
(c) the assessment of the total amount of the cost and expenses of the
proposed maintenance of the improvements upon the several lots and
parcels of land in the City of Moorpark Landscaping and Lighting
Maintenance Assessment District No. AD09-01 in proportion to the
estimated special benefits to be received by such lots and parcels,
respectively, from the maintenance, and of the expenses incidental
thereto;
are.finally approved and confirmed.
SECTION 4. Final adoption and approval of the Engineer's Report as a
whole, and of the plans and specifications, estimate of the costs and expenses,
the diagram and the assessment, as contained in the report as hereinabove
determined and ordered, is intended to and shall refer and apply to the report, or
any portion thereof as amended, modified, or revised or corrected by, or
pursuant to and in accordance with, any resolution or order, if any, heretofore
duly adopted or made by this Council.
SECTION 5. The assessment to pay the costs and expenses of the
maintenance of the improvements for fiscal year 2010-11 is hereby levied.
SECTION 6. Based on the oral and documentary evidence, including the
Engineer's Report, offered and received at the hearing, this Council expressly
finds and determines (a) that each of the several lots and parcels of land will be
specially benefited by the maintenance of the improvements at least in the
amount if not more than the amount, of the assessment apportioned against the
lots and parcels of land, respectively, and (b) that there is substantial evidence to
support, and the weight of the evidence preponderates in favor of, the aforesaid
finding and determination as to special benefits.
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Resolution No. 2009 -
Page 3
SECTION 7. Immediately upon the adoption of this resolution, but in no
event later than the second Monday in August following such adoption, the
Council shall file a certified copy of the diagram and assessment and a certified
copy of this resolution with the Auditor of the County of Ventura. Upon such
filing, the County Auditor shall enter on the County assessment roll opposite
each lot or parcel of land the amount of assessment thereupon as shown in the
assessment. The assessments shall be collected at the same time and in the
same manner as County taxes are collected and all laws providing for the
collection and enforcement of County taxes shall apply to the collection and
enforcement of the assessments. After collection by the County, the net amount
of the assessments, after deduction of any compensation due the County for
collection, shall be paid to the City of Moorpark Landscaping and Lighting
Maintenance Assessment District No. AD09-01.
SECTION 8. The moneys representing assessments collected by the
County, shall be deposited in the City Treasury to the credit of the improvement
fund previously established under the distinctive designation of the City of
Moorpark Landscaping and Lighting Maintenance Assessment District No.
AD09-01. Moneys in the improvement fund shall be expended only for the
maintenance, servicing, construction or installation of the improvements.
SECTION 9. The assessments levied are in conformance with Proposition
218.
SECTION 10. The City Clerk shall 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 11. 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 4th day of November, 2009.
Janice S. Parvin, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
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ITEM 8.13.
CITY OF MOORPARK
CITY OF MOORPARK LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT N0.AD09-01
[WAREHOUSE DISCOUNT CENTER-CPD 2004-03]
ENGINEER'S REPORT
FISCAL YEAR 2010-11
AUGUST 2009
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972
AND ARTICLE XI1ID OF THE CALIFORNIA CONSTITUTION
ENGINEER OF WORK:
SCIConsultingGroup
4745 MANGELS BOULEVARD
FAIRFIELD,CALIFORNIA 94534
PHONE 707.430.4300
FAX 707.430.4319
www.sci-cq.com
PAGE 2
TABLE OF CONTENTS
INTRODUCTION.................................................................................................................1
OVERVIEW...................................................................................................................... 1
SILICON VALLEY TAXPAYERS ASSOCIATION, INC.V SANTA CLARA COUNTY OPEN SPACE
AUTHORITY.....................................................................................................................2
CERTIFICATES..................................................................................................................3
PLANS&SPECIFICATIONS..............................................................................................4
FISCAL YEAR 2010.11 ESTIMATE OF COST AND BUDGET...........................................5
CAPITAL IMPROVEMENT RESERVE FUND............................................................................6
METHOD OF APPORTIONMENT.......................................................................................7
METHOD OF APPORTIONMENT..........................................................................................7
DISCUSSION OF BENEFIT..................................................................................................7
BENEFITFINDING.............................................................................................................8
GENERAL VERSUS SPECIAL BENEFIT.................................................................................8
METHODOF ASSESSMENT................................................................................................9
ASSESSMENT APPORTIONMENT........................................................................................9
APPEALS AND INTERPRETATION...................................................................................... 10
ASSESSMENT..................................................................................................................12
ASSESSMENTDIAGRAM........................................................................................................14
APPENDIX C.2010-11 ASSESSMENT ROLL....................................................................15
CITY OF MOORPARK V�-
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT NO.AD 09-01 SCIConsultingGroup
ENGINEER'S REPORT,FY 2010-11
PAGE 1
INTRODUCTION
OVERVIEW
The City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD-
09-01 (the "District") is proposed for formation to provide funding for possible future
maintenance of parkway landscaping and drainage improvements within and adjacent to
the Warehouse Discount Center(CPD 2004-03) located northeast of the intersection of the
State Route 23 freeway and Los Angeles Avenue. This District results from agreements or
conditions of development approval, between the City of Moorpark and the developer of
the property, whereby the City and developer agreed on landscaping and drainage
improvements to enhance views and resources for property in the District and to improve
the appeal of property in the District.
This Engineer's Report ("Report") was prepared to establish the budget for the services
and improvements that would be funded by the proposed 2010-11 assessments and to
determine the benefits received from the services and improvements by property within the
District and the method of assessment apportionment to lots and parcels. This Report and
the proposed assessments have been made pursuant to the Landscaping and Lighting Act
of 1972, Part 2 of Division 15 of the California Streets and Highways Code(the "Act") and
Article XIIID of the California Constitution (the "Article"). For a more complete description
of the Act and the Article, please refer to Appendix A and Appendix B.
In lieu of a mailed ballot proceeding, the property owner has submitted a Petition and
Waiver to the Council for approval. In submitting this document to the City, the property
owner(1) unanimously agrees to the assessments and acknowledges the special benefits
received by the property in the District; (2) requests that the new assessment district be
formed; and (3)waives all rights conferred by Proposition 218 with respect to the approval
of the new assessment by mailed ballot.
Following submittal of this Report and the property owner's Petition/Waiver to the City of
Moorpark City Council (the "Council") for preliminary approval, the Council may, by
Resolution, call for a Public Hearing on the proposed establishment of assessments. The
public hearing must be held for the purpose of allowing public testimony regarding the
proposed assessments and the services and improvement they would fund. This hearing
is scheduled for November 4, 2009 at 7:00 p.m. At this hearing, the Council may take
action to form the District and to approve the levy of the assessments for fiscal year 2010-
11. If the assessments are so confirmed and approved, the levies would be submitted to
the County Auditor/Controller in July 2010 for inclusion on the property tax roll for Fiscal
Year 2010-11.
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
CRY OF MOORPARK
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT No.AD 09-01 SCIConsultingGroup
ENGINEER'S REPORT,FY 2010-11
PAGE 2
preliminarily approve the Engineer's Report and proposed assessments and establish the
date for a public hearing on the continuation of the 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 benefits to property, not general benefits
• The services and/or improvements funded by assessments must be clearly
defined
• Assessment districts must be drawn to contain all parcels to receive a special
benefit from a proposed public improvement or service.
This Engineer's Report, and the process used to establish this proposed assessment for
2010-11 are consistent with the SVTA vs. SCCOSA decision. The assessments are for
special benefits only, the improvements are well-defined and the district boundary is well-
drawn and narrowly drawn.
CITY OF MOORPARK
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT No.AD 09-01 SCIConsultingGroup
ENGINEER'S REPORT,FY 2010-11
PAGE 3
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 August 20, 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 was filed with me on
2010.
County Auditor, County of Ventura
CITY OF MooRPARK
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT No.AD 09-01 SC IConsultingGroup
ENGINEERS REPORT,FY 2010-11
PAGE 4
PLANS&SPECIFICATIONS
The work and improvements proposed to be undertaken by the City of Moorpark
Landscaping and Lighting Maintenance Assessment District No. AD09-01 (the "District")
and the cost thereof paid from the levy of the annual assessment provide special benefit to
Assessor Parcels within the District as defined in the Method of Assessment herein.
Consistent with the Landscaping and Lighting Act of 1972, (the "Act") the work and
improvements are generally described as follows:
Within the landscaping and lighting district, the improvements to be maintained are
generally described as the maintenance and servicing of slope landscaping, right of way
landscaping, frontage landscaping and storm water quality facilities, and all necessary
appurtenances, and labor, materials, supplies, utilities and equipment, as applicable, for
property owned or maintained by the City of Moorpark located in or adjacent to the
Warehouse Discount Center (CPD 2004-03) located northeast of the intersection of the
State Route 23 freeway and Los Angeles Avenue. Any plans and specifications for these
improvements will be filed with the City of Moorpark and are incorporated herein by
reference.
As applied herein, "maintenance" means the furnishing of services and materials for the
ordinary and usual maintenance, operation and servicing of said improvements, including
repair, removal or replacement of all or any part of any improvement; providing for the life,
growth, health, and beauty of landscaping, and the cleaning, sandblasting, and painting of
walls and other improvements to remove or cover graffiti.
"Servicing" means the furnishing of electric current, or energy, gas or other illuminating
agent for the lighting or operation of any improvements; maintaining, operating and
servicing street and traffic safety lighting, and water for irrigation of any landscaping or the
maintenance of any other improvements.
CITY OF MOORPARK �-
CITY of MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT NO.AD 09-01 SCIConsultingGroup
ENGINEER'S REPORT,FY 2010-11
PAGE 5
FISCAL YEAR 2010-11 ESTIMATE OF COST AND BUDGET
Description of Improvements to be Maintained:
Landscaping Improvements
The maintenance of slope landscape improvements, right of way landscape improvements and project
frontage landscape improvements.
Drainage Improvements
The maintenance of storm drain pipes and stormwater filtration systems.
The Property Owner shall retain the responsibility for the maintenance of the landscape and drainage
improvements, but in the event it is ever determined that said maintenance is inadequate,the City can take
over the maintenance of the landscape and drainage improvements. The assessments for the cost of
maintaining the landscape and drainage improvements will be levied only if the City takes over responsibility
for the maintenance of the landscape and drainage improvements.
Estimate of Cost FY 2010-11
Landscaping(Back-up Assessment)
Landscaping Maintenance&Replacement Cost $25,701.00
Contingency(10%) $2,570.10
Total Landscaping $28,271.10
Drainage (Back-up Assessment)
Drainage Maintenance&Replacement Cost $7,293.00
Contingency(10%) $729.30
Total Drainage $8,022.30
Administrative Costs $500.00
Total Assessment Budget $36,793.40
Total SFEs 8.15
Total authorized fiscal year 2010-11 assessment rate $4,514.53
Proposed fiscal year 2010-11 assessment rate $61.35
Cm OF MOORPARK
CITY OF MOORPAw LANDSCAPING&LIGHTING ASSESSMENT DISTRICT NO.AD 09-01 SCIConsultingGroup
ENGINEERS REPORT,FY 2010-11
PAGE 6
CAPrrAL IMPROVEMENT RESERVE FUND
The District has a Capital Improvement Reserve Fund to provide funding for unforeseen
expenses (slope failures, etc.). The projected year-end balance for said Capital
Improvement Reserve Funds shall not exceed three (3)years of estimated program costs
for the district; and if and when it is determined that levying the maximum authorized
assessment for the district in any given year, would cause the Capital Improvement
Reserve Fund for the district to exceed said limit, then the amount of the approved
assessment which shall be "levied" upon the properties in the district, shall be reduced to
an amount which is estimated to not cause the Capital Improvement Reserve Fund year-
end balance to exceed said limit. In any event, the amount of the assessment shall
always remain unchanged. Any reduction to the amount actually levied upon the
property, shall not affect the maximum authorized assessment amount for that or any
future year. In the event the amount levied is less than the maximum authorized
assessment amount, the amount levied shall not be less than 10% of the maximum
authorized assessment.
Cm OF MOORPARK
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT No.AD 09-01 SCIConsultingGroup
ENGINEER'S REPORT,FY 2010-11
PAGE 7
METHOD OF APPORTIONMENT
METHOD OF APPORTIONMENT
This section of the Engineer's Report includes an explanation of the benefits to be derived
from the maintenance and servicing of lighting and landscaping facilities throughout the
City, and the methodology used to apportion the total assessment to properties within the
City of Moorpark Landscaping and Lighting Maintenance District No.AD09-01.
The City of Moorpark Landscaping and Lighting Maintenance District No. AD09-01
consists of all Assessor Parcels within the boundaries of CPD 2004-03 — Warehouse
Discount Center as defined within the area of the boundary diagram included within this
Engineer's Report (see the Assessment Roll for a list of all the parcels included). The
parcels include all privately or publicly owned parcels within said boundaries. The method
used for apportioning the assessment is based upon the proportional special benefits to be
derived by the properties in the City of Moorpark Landscaping and Lighting Maintenance
District No. AD09-01 over and above general benefits conferred on real property or to the
public at large. The apportionment of special benefit is a two step process: the first step is
to identify the types of special benefit arising from the improvements, and the second step
is to allocate the assessments to property based on the estimated relative special benefit
for each type of property.
DISCUSSION OF BENEFIT
In summary, the assessments can only be levied based on the special benefit to property.
This benefit is received by property over and above any general benefits. Moreover, such
benefit is not based on any one property owner's use of the District's landscaping and
drainage improvements or a property owner's specific demographic status. With reference
to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act
of 1972 states:
"The net amount to be assessed upon lands within an assessment district may
be apportioned by any formula or method which fairly distributes the net
amount among all assessable lots or parcels in proportion to the estimated
benefits to be received by each such lot or parcel from the improvements."
Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed
that assessments must be based on the special benefit to property:
"No assessment shall be imposed on any parcel which exceeds the reasonable
cost of the proportional special benefit conferred on that parcel."
CITY OF MOORPARK �-
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT No.AD 09-01 SCIConsultingGroup
ENGINEER'S REPORT,FY 2010-11
PAGE 8
The following benefit categories summarize the types of special benefit to residential,
commercial, industrial and other lots and parcels resulting from the installation,
maintenance and servicing of landscaping improvements to be provided with the
assessment proceeds. These categories of special benefit are derived from the statutes
passed by the California Legislature and other studies which describe the types of special
benefit received by property from maintenance and improvements such as those proposed
by the City of Moorpark Landscaping and Lighting Assessment District No. AD09-01.
These types of special benefit are summarized as follows:
A. Drainage of water and runoff from property in the District
B. Protection from flooding and standing water due to the improved drainage systems
C. Improved proximity to new and well maintained landscaping and other public
improvements for property in the District
D. Improved views and scenery and other resources values for property in the District.
E. Enhanced desirability of property in the District directly as a result of the landscaping
improvements and drainage improvements funded by the assessments
F. Creation of individual lots for commercial use that, in absence of the assessments,
would not have been created.
BENEFIT FINDING
In summary, real property located within the boundaries of the District distinctly and
directly benefits from improved protection from flooding, closer proximity, access and
views of improved landscaping and the improved drainage systems funded by the
Assessments. These improvements directly enhance the utility, attractiveness and
desirability of benefiting parcels in the Improvement District. The Improvements are
specifically designed to serve local properties in the Improvement District, not other
properties or the public at large. 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.
GENERAL VERSUS SPECIAL BENEFIT
The District was specifically proposed for formation to provide additional and improved
public resources in the District. In absence of the assessments, these public resources
would not be created and revenues would not be available for their continued maintenance
and improvement. Therefore, the assessments solely provide special benefit to property in
the Districts over and above the general benefits conferred by the general facilities of the
City.
CITY of MooRPARK
CITY OF MooRPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT No.AD 09-01 SC IConsultingGroup
ENGINEERS REPORT,FY 2010-11
PAGE 9
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,
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 district.
METHOD OF ASSESSMENT
The second step in apportioning assessments is to determine the relative special benefit
for each property. This process involves determining the relative benefit received by each
property in relation to a single family home, or, in other words, on the basis of Single
Family Equivalents (SFE). This SFE methodology is commonly used to distribute
assessments in proportion to estimated special benefit and is generally recognized as
providing the basis for a fair and appropriate distribution of assessments. For the
purposes of this Engineer's Report, all properties are designated a SFE value, which is
each property's relative benefit in relation to a single family home on one parcel. In this
case, the "benchmark" property is the single family detached dwelling which is one Single
Family Equivalent or one SFE.
ASSESSMENT APPORTIONMENT
The proposed assessments for the District would provide direct and special benefit to
properties in this District. The properties within the District consist of parcels proposed for
commercial development. The benefits are determined to be reasonably equivalent on an
acreage basis. Therefore, the Engineer has determined that the appropriate method of
apportionment of the benefits derived by all parcels is on a per acre basis. In the event
that the assessable parcel acreage in the District declines, the assessment rate per acre
CITY OF MOORPARK r�
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT No.AD 09-01 SC IConsultingGroup
ENGINEER'S REPORT,FY 2010-11
PAGE 10
shall be recalculated. Any such acreage rate recalculation shall not be an increase in the
assessment that would require approval through an assessment ballot proceeding.
All properties that are specially benefited are assessed. Public right-of-way parcels, well,
reservoir or other water rights parcels, limited access open space parcels, watershed
parcels and common area parcels typically do not generate employees, residents,
customers or guests. Moreover, many of these parcels have limited economic value and,
therefore, do not benefit from specific enhancement of property value. Such parcels are,
therefore, not specially benefited and are not assessed.
In the event that the annual assessment from a previous fiscal year for property in District
AD09-01 is delinquent and uncollected, the budget for the new fiscal year may be
increased by the amount of delinquent assessment, and the total budget, including the
delinquent assessments, may be allocated to all other non-delinquent. Any increase in the
assessment on other properties in District AD09-01 resulting from such delinquent
assessments, or the annual CPI adjustment, will be considered authorized increases in the
assessment and shall not require additional approval by property owners through a mailed
assessment ballot proceeding, pursuant to Article XIIID of the California Constitution.
The assessment is subject to an annual adjustment tied to the Consumer Price Index for
the Los Angeles Area as of December of each succeeding year (the CPI). In the event
that the actual assessment rate for any given year is not increased by an amount equal to
the CPI change, any such deferred assessment increase may be added to the total
amount assessed in any subsequent year. In such event, the maximum authorized
assessment amount shall be equal to the base year assessment as adjusted by the
increase to the CPI, plus any and all CPI adjustments deferred in any and all prior years. In
addition, the annual adjustment may be increased due to delinquent assessments on
property in District AD09-01 as specified above. Including the authorized annual
adjustment, the maximum fiscal year 2010-11 assessment rate per equivalent dwelling unit
is $4,514.53. The proposed fiscal year 2010-11 assessment rate per equivalent dwelling
unit is$61.35.
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 Public Works 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 Public Works or his or her designee will promptly review the appeal and any
information provided by the property owner. If the Director of Public Works 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 Public Works or his or her
CITY OF MOORPARK —
CITY OF MoORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT No.AD 09-01 SC IConsultingGroup
ENGINEER'S REPORT,FY 2010-11
PAGE 11
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 Public
Works or her or his designee, may refer their appeal to the City Council of the City of
Moorpark and the decision of the City Council of the City of Moorpark shall be final.
CITY OF MOORPARK �-
CITY of MooRPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT No.AD 09-01 SCIConsultingGroup
ENGINEER'S REPORT,FY 2010-11
PAGE 12
ASSESSMENT
WHEREAS, the City Council of the City of Moorpark, County of Ventura,
California, pursuant to the provisions of the Landscaping and Lighting Act of 1972 and
Article XIIID of the California Constitution (collectively "the Act"), adopted its Resolution
Initiating Proceedings For the Formation of Moorpark Landscaping and Lighting
Maintenance Assessment District No.AD-09-01;
WHEREAS, said Resolution directed the undersigned Engineer of Work to
prepare and file a report presenting an estimate of costs, a diagram for the assessment
district and an assessment of the estimated costs of the improvements upon all
assessable parcels within the assessment district, to which Resolution and the description
of said proposed improvements therein contained, reference is hereby made for further
particulars;
NOW, THEREFORE, the undersigned, by virtue of the power vested in me under
said Act and the order of the City Council of said City of Moorpark, hereby make the
following assessment to cover the portion of the estimated cost of said improvements, and
the costs and expenses incidental thereto to be paid by the assessment district.
The amount to be paid for said improvements and the expense incidental thereto,
to be paid by the City of Moorpark Landscaping and Lighting Maintenance Assessment
District No.AD09-01 for the fiscal year 2010-11 is generally as follows;
SUMMARY COST ESTIMATE
F.Y. 2010-11
Bud et
Administrative Costs $500.00
Total Levy to Budget $500.00
As required by the Act, an Assessment Diagram is hereto attached and made a
part hereof showing the exterior boundaries of said City of Moorpark Landscaping and
Lighting Maintenance Assessment District No. AD09-01. The distinctive number of each
parcel or lot of land in the said City of Moorpark Landscaping and Lighting Maintenance
Assessment District No. AD09-01 is its Assessor Parcel Number appearing on the
Assessment Roll.
And I do hereby assess and apportion said net amount of the cost and expenses
of said improvements, including the costs and expenses incident thereto, upon the parcels
CITY OF MOORPARK
CITY OF MooRPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT No.AD 09-01 SC IConsultilngGroup
ENGINEER'S REPORT,FY 2010-11
PAGE 13
and lots of land within said City of Moorpark Landscaping and Lighting Maintenance
Assessment District No. AD09-01, in accordance with the special benefits to be received
by each parcel or lot, from the improvements, and more particularly set forth in the Cost
Estimate and Method of Assessment hereto attached and by reference made a part
hereof.
The assessment is made upon the parcels or lots of land within the City of
Moorpark Landscaping and Lighting Maintenance Assessment District No. AD09-01 in
proportion to the special benefits to be received by the parcels or lots of land, from said
improvements.
The assessment is subject to an annual adjustment tied to the Consumer Price
Index for the Los Angeles Area as of December of each succeeding year(the CPI). In the
event that the actual assessment rate for any given year is not increased by an amount
equal to the CPI change, any such deferred assessment increase may be added to the
total amount assessed in any subsequent year. In such event, the maximum authorized
assessment amount shall be equal to the base year assessment as adjusted by the
increase to the CPI, plus any and all CPI adjustments deferred in any and all prior years. In
addition, the annual adjustment may be increased due to delinquent assessments on
property in District AD09-01 as specified in the Assessment Apportionment section of this
Engineer's Report.
Each parcel or lot of land is described in the Assessment Roll by reference to its
parcel number as shown on the Assessor's Maps of the County of Ventura for the fiscal
year 2010-11. 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 2010-11 for each
parcel or lot of land within the said City of Moorpark Landscaping and Lighting
Maintenance Assessment District No.AD09-01.
Dated:August 28, 2009
Engineer of Work
By
John W. Bliss, License No. C52091
CITY OF MOORPARK WN-7
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT No.AD 09-01 SC IConsultingGroup
ENGINEER'S REPORT,FY 2010-11
PAGE 14
ASSESSMENT DIAGRAM
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FILED IN THE OFFICE OF THE CITY CLERK OF THE
CITY OF MOORPARK.COUNTY OF VENTURA-
CALIFORNIA, OsvicL�aeaaon
THIS_DAY OF .2069.
CITY CLERK
RECORDED IN THE OFFICE OF THE DIRECTOR Z'
OF PUBLIC WORKS OF THE CITY OF MOORPARK,
COUNTY OF VENTURA-CALIFORNIA.THIS
DAY OF ,2009. _
DIRECTOR OF PUBLIC WORKS
AN ASSESSMENT WAS CONFIRMED AND
LEVIED BY THE CITY COUNCIL OF THE CITY OF FILED THIS DAY OF
MOORPARK ON THE LOTS,PIECES AND PARCELS 2010.AT THE HOUR OF O'CLOCK
OF LAND ON THIS ASSESSMENT DIAGRAM ON THE M- IN THE OFFICE OF THE COUNTY
DAY OF 2009 AUDITOR OF THE COUNTY OF VENTURA,
FOR FISCAL YEAR 2010-11 AND SAID ASSESSMENT STATE OF CALIFORNIA,AT THE REQUEST OF
DIAGRAM AND THE ASSESSMENT ROLL FOR SAID THE CITY OF MOORPARK CITY COUNCIL
FISCAL YEAR WERE FILED IN THE OFFICE OF THE
COUNTY AUDITOR OF THE COUNTY OF VENTURA ON
THE DAY OF COUNTY AUDITOR,COUNTY OF VENTURA
2009.REFERENCE IS HEREBY MADE TO SAID
RECORDED ASSESSMENT ROLL FOR THE EXACT IN—
AMOUNT OFEACH ASSESSMENT LEVIED AGAINST REFERENCE IS HEREBY MADE TOTHE MAPS AND DEEDS
EACH PARCEL OF LAND. OF RECORD IN THE OFFICE OF THE ASSESSOR OF THE
COUNTY OF VENTURA FOR ADETAILED DESCRIPTION OF
THE LINES AND DIMENSIONS OF ANY PARCELS SHONN
HEREIN THOSE AMPS SHALL GOVERN FOR ALL DETAILS
CITY CLERK CONCERNING THE LINES AND DIMENSIONS OF SUCH PARCELS
EACH PARCEL IS IDENTIFIED IN SAID NIAPS BY ITS DISTINCTIVE
ASSESSOR'S PARCEL NUMBER
SCI concurring Group L„_�AD09-01 Boundary CITY OF MOORPARK LANDSCAPING AND LIGHTING
4745Mangels Blvd Parcels MAINTENANCE ASSESSMENT DISTRICT NO.AD09 01
Fairfield.CA 94534 —� ASSESSMENT DIAGRAM
CITY OF MOORPARK
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT N0.AD 09-01 *--'ConsultingGroup
ENGINEER'S REPORT,FY 2010-11
PAGE 15
APPENDIX C-2010.11 ASSESSMENT ROLL
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.
Assessor's Parcel No. Owner Name SFE's Assessment
513-0-050-205 NLA 118 LLC 8.15 $36,793.42
CITY of MooRPARK r
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT No.AD 09-01 SCIConsultingGroup
ENGINEER'S REPORT,FY 2010-11