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AGENDA REPORT 2007 0502 CC REG ITEM 10H
ITEM N City Coune'N Meeting of , _ "a-aba? ACro RY: - .. MOORPARK CITY COUNCIL AGENDA REPORT TO: The Honorable City Council FROM: Yugal K. Lail, City Engineer/Public Works Director Prepared by: Ken Gilbert, Public Works Consultant DATE: April 19, 2007 (CC Meeting of 05-02-07) SUBJECT: Consider Resolution Approving the Engineer's Report for Assessment District AD07-03 (Nearon — CPD 200401) for Fiscal Year 2007/08 and Providing Notice of Public Hearing on June 6, 2007 DISCUSSION A. Background On April 18, 2007, the City Council considered a Petition/Waiver from the owner(s) of the property subject to CPD 2004-01, requesting formation of the subject assessment district. On that date the City Council approved and accepted that Petition/Waiver and adopted Resolution No. 2007-2580, initiating the process required for the formation of the subject Assessment District. B. CPD 2004-01 / Improvements/ Back-up District The property subject to CPD 2004-01, generally described on the map attached as Attachment 1, is located at the southwest comer of the intersection of Los Angeles Avenue and Miller Parkway. 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 2004-01 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. F' city share/public works/everyone/staff reports/2007/May/AD07_03_Nearon o 0 0 2211 Ar Honorable City Council May 2, 2007 Page 2 The Conditions of Approval for CPD 2004-01 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. 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 AD07-03; • 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 and generally depicted on Attachment 1. E. Access and Right-of-Way All of the Improvements (to be maintained) are located on-site or within Caltrans or City street 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 07/08, which is an amount equal to the estimated administrative costs for FY 07/08, is $1,019.45. 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. city share/public works/everyone/staff reports/2007/May/AD07_03_Nearon 0 0 P 1 Honorable City Council May 2, 2007 Page 3 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. The amount of Back-up Assessment for FY 07/08 is $44,855.91. 3. Assessment vs. Levy. Each fiscal year the Engineer's Report for the District will state that the total assessment amount will be an amount equal to the sum of the Primary Assessment and the Back-up Assessment. However, the Engineer's Report will also state that the amount to be levied upon the Property will be an amount equal to the Primary Assessment plus all or any portion of the Back-up Assessment required to maintain those Improvements maintained or to be maintained by the City. G. Assessment Amount The proposed assessments amounts discussed and defined in Engineer's Report are re-caped as follows: Total Estimated Annual Cost Element Landscaping($) Drainage($) Total ($) Maintenance and Replacement Cost 31,447.03 9,331.07 40,778.10 Contingency(10%) 3,144.70 933.11 4,077.81 Administration 786.18 233.28 1,019.46 Total 35,377.91 10,497.46 45,875.37 Total Assessment Amount Primary Back-up Total Description Assessment Assessment Assessment Total Assessment Amount $1,019.46 $44,855.91 $45,875.37 Total Number of acres 11.52 11.52 11.52 Total Assessment per Acre $88.49 $3,893.74 $3,982.24 H. FY 2007/08 Levy Amount The Engineer's Report stipulates that the levy amount for FY 2007/08 shall be the amount identified as the "Primary Assessment" in the above chart. I. Cost of Living Adjustment (C.O.L.A.) The Engineer's Report provides for an annual C.O.L.A. adjustment to assessment and levy amounts. city sharetpublic works/everyone/staff reports/2007/May/AD07_03_Nearon 0 0©2 02 0 Honorable City Council May 2, 2007 Page 4 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 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 Adoption of the attached Resolution (Attachment 2) will approve the Engineer's Report and set June 6, 2007, as the date of a public hearing to consider approval of the levy of the assessments set forth in the Engineer's Report. STAFF RECOMMENDATION Adopt Resolution No. 2007- Attachments: 1: District Location Map and Boundary Map 2: Resolution city sharetpublic works/everyone/staff reports/2007/May/AD07_03_Nearon (� i i 17FEE LEGEND I erred eorwru arol wr+ Nn e',.crlsocr'rvm AwerProA urwlas .ro.oaeu.rAa rD.J . I LPL sorM1ale�M '.', OO L.04welR'.twu-'•• i�pml .m.oiOblm1 I ( m.A mrltu .�. e _' � � - O l�Yt TRM1I��A H•� D�1 ' KGaMIRwA pe`n.lAlA J1•po% e}D.DA y O Cxl4eC Mrf llie Fyy+ NaY C4LLMew JI•pmf 110.DA I I auraie LEGET� `� ' •�i 1',• eMe[r. MrAlec4_aRr'cN w4'P Na N•Awlem!'em �"� \� �11 i � J�wmW'tlIDlYlt'. !WL J1•oc LLLT R 114 WL! D-1 eIC0.Rl !NL Y'OL I I i I rgrrxwwr ttT � I �I I O LWYTM 1'rp.YYf 1 G4 f.•OG i I I JM44M1 RlfiFf I i © Mlde'I!M ruaa nAropf !NLL J.OG I I WRY WeJp+Mk - �� � I I 0 rVAnNARDrrOnTA W r«r !OIL i1'OG fmllell-11115 G It I I ro crop I � w� � �v.nl4e�i roplwA vuem..rA' !a.L J.Dc 1 I - I � Am rmc oxw>e 1 O NIA'INOUSw eo14'cWr ♦ul >.•OL I I � I plpu wWRlvxH I Z I � � O %•1dL CSrYLeN1 CRlACtA' !1AL WOG I Q Irttarta J O ._._._____.___._..______...____..____.__.__..._____1....._._____.__.__._..__._._.... _•.:,_ G%JWDCl7yER LEGE?!D ' I I 1 I I .I eUt Aeaa 1 I ® Irde wlwr un a•DG �a4wel ® K dJtY1N iAJV1 I __ I I oLL •'oG 9UIlpING A � lweVNl-LM9 I eL•pox M Spit I>.•pox Assesment District Boundary 4` " 1 Improvements to be Maintained: I I ' All landscaping except as noted below. ----------------------------------•-------------------------------------------------------------------------------- I * Not included LOS ANGELES AVENUE _ _ _ _ _ � _ t Attachment 2 RESOLUTION NO. 2007 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, OF INTENTION TO LEVY ASSESSMENTS FOR FISCAL YEAR 2007-08, PRELIMINARILY APPROVING ENGINEER'S REPORT, AND PROVIDING FOR NOTICE OF HEARING FOR THE CITY OF MOORPARK LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT AD07-03 THE CITY COUNCIL OF THE CITY OF MOORPARK (the "City") DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. On April 18, 2007, the Moorpark City Council adopted Resolution No. 2007-2580, a Resolution initiating proceedings for the formation of the City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD07-03 pertaining to the properties within CPD 2004-01 [Nearon] and directing preparation of an Annual Report. Pursuant to this resolution, SCI Consulting Group (formerly known as Shilts Consultants, Inc.), the Engineer of Work, prepared an Engineer's Report in accordance with Section 22565, et. seq., of the Streets and Highway Code (the "Report") and Article XIIID of the California Constitution. The Report has been made, filed with the City Clerk and duly considered by the City Council and is hereby deemed sufficient and preliminarily 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 the City Council to levy and collect assessments within the District for fiscal year 2007-08. Within the landscaping and lighting district, the existing and proposed improvements are generally described as the installation, maintenance and servicing of turf, ground cover, shrubs and trees, irrigation systems, drainage systems, lighting, fencing, 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 properties contained within CPD 2004-01. 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, or other illuminating agent, for the operation or lighting 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. 000225 Resolution No. 2007 - Page 2 SECTION 3. The District consists of all of the lots and parcels within the boundary map of the District to be placed 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 Report for a full and detailed description of the Improvements, the boundaries of the District and the proposed assessments upon assessable lots and parcels of land within the District. 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. Including the authorized annual adjustment, the maximum fiscal year 2007-08 assessment rate per equivalent dwelling unit is $3,982.24. The proposed fiscal year 2007-08 assessment rate per equivalent dwelling unit is $88.49. SECTION 5. The public hearing shall be held, before the City Council, in the City Council Chambers of the City of Moorpark, located at 799 Moorpark Avenue, Moorpark, California 93021 as follows: on June 6, 2007, at the hour of 7:00 p.m. for the purpose of determining whether the public interest, convenience and necessity require the improvements and the City Council's final action upon the Engineer's Report and the assessments therein. SECTION 6. In order to expedite the proceedings, the property owners have submitted a Petition and Waiver. In submitting these documents to the City, the property owners (1) request that the new assessment district be formed; and (2) waive all rights conferred by Proposition 218 with respect to the approval of the new assessment by mailed ballot and the 45-day time period for balloting. SECTION 7. 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 2nd day of May 2007. ATTEST: Patrick Hunter, Mayor Deborah S. Traffenstedt, City Clerk 000226 MOORPARK CITY COUNCIL AGENDA REPORT ## # Supplemental ###I# TO: The Honorable City Council FROM: Yugal K. Lail, City Engineer/Public Works Director DATE: April 24, 2007 (CC Meeting 05-02-07) SUBJECT: Engineer's Report for Assessment District AD 07-03 [Nearon — CPD 2004- 01] for Fiscal Year 2007/2008 Attached is the Engineer's Report for the subject item. c: Steven Kueny, City Manager Deborah Traffenstedt, City Cleric Mary Lindley, Parks/Recreation/Community Services Director Barry Hogan, Community Development Director CITY OF MOORPARK CITY OF MOORPARK LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT N0.ADO7-03 [NEARON-CPD 2004-01] ENGINEER'S REPORT FISCAL YEAR 2007-08 APRIL 2007 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION ENGINEER OF WORK: SCIConsultingGroup 4745 MANGELS BOULEVARD FAIRFIELD,CALIFORNIA 94534 PHONE 707.430.4300 FAx 707.430.4319 www.sci-cg.com PAGE 2 TABLE OF CONTENTS INTRODUCTION .................................................................................................................1 CERTIFICATES...................................................................................................................2 PLANS&SPECIFICATIONS...............................................................................................3 FISCAL YEAR 2007.08 ESTIMATE OF COST AND BUDGET............................................4 CAPITAL IMPROVEMENT RESERVE FUND............................................................................5 METHODOF APPORTIONMENT.......................................................................................6 METHOD OF APPORTIONMENT...........................................................................................6 DISCUSSIONOF BENEFIT..................................................................................................6 GENERAL VERSUS SPECIAL BENEFIT.................................................................................7 METHODOF ASSESSMENT................................................................................................8 ASSESSMENTAPPORTIONMENT ........................................................................................8 APPEALSAND INTERPRETATION ........................................................................................9 ASSESSMENT..................................................................................................................10 ASSESSMENTDIAGRAM........................................................................................................12 APPENDIX A--1972 ACT APPLICATION............................................................................13 APPENDIX B-ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION...........................................17 APPENDIX C-2007-08 ASSESSMENT ROLL.....................................................................21 CITY OF MOORPARK go-, - CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT N0.AD 07-03 SCIConsultingGroup ENGINEERS REPORT,FY 2007-08 PAGE 1 INTRODUCTION The City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD- 07-03 (the "District") is proposed for formation to provide funding for possible future maintenance of parkway landscaping and drainage improvements within and /or adjacent to the Village at Moorpark shopping center (CPD 2004-01 — Nearon) located at the southwest corner of Los Angeles Avenue and Miller Parkway. 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 public views and resources and to improve the appeal of the community. This Engineer's Report ("Report") was prepared to establish the budget for the services that would be funded by the proposed 2007-08 assessments and to determine the benefits received from the maintenance 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) requests that the new assessment district be formed; and (2) 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 for landscaping and drainage improvements. The public hearing must be held for the purpose of allowing public testimony regarding the proposed assessments. This hearing is scheduled for June 6, 2007 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 2007-08. If the assessments are so confirmed and approved, the levies would be submitted to the County Auditor/Controller in July 2007 for inclusion on the property tax roll for Fiscal Year 2007-08. 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. CITY OF MOORPARK CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT N0.AD 07-03 SC IConsultingGroup ENGINEER'S REPORT,FY 2007-08 PAGE 2 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 April 4, 2007. / W. Engine 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 , 2007. 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 2007, 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 , 2007. 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 2007-08 was filed with me on , 2007. County Auditor, County of Ventura CITY OF MOORPARK �- CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT N0.AD 07-03 =:C IConsultingGroup ENGINEER'S REPORT,FY 2007-08 PAGE 3 PLANS&SPECIFICATIONS The work and improvements proposed to be undertaken by the City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD07-03 (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 Village at Moorpark shopping center (CPD 2004-01 — Nearon) located at the southwest corner of Los Angeles Avenue and Miller Parkway. 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 go-, CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT N0.AD 07-03 SCIConsultingGroup ENGINEERS REPORT,FY 2007-08 PAGE 4 FISCAL YEAR 2007-08 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 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. Estimate of Cost FY 2007-08 Landscaping(Back-up Assessment) Landscaping Maintenance&Replacement Cost $31,447.03 Contingency(10%) $3,144.70 Total Landscaping $34,591.73 Drainage (Back-up Assessment) Drainage Maintenance&Replacement Cost $9,331.07 Contingency(10%) $933.11 Total Drainage $10,264.18 Administrative Costs $1,019.46 Total Assessment Budget $45,875.37 Total EDUs 11.52 Total authorized fiscal year 2007-08 assessment rate $3,982.24 Proposed fiscal year 2007.08 assessment rate $88.49 CITY OF MOORPARK CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT N0.AD 07-03 SC IConsultingGroup ENGINEER'S REPORT,FY 2007-08 PAGE 5 CAPITAL IMPROVEMENT RESERVE FUND The District has a Capital Improvement Reserve Fund to provide funding for unforeseen expenses (slope failures, etc.). The projected year-end balance for said Capital Improvement Reserve Funds shall not exceed 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. CITY OF MOORPARK CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT NO.AD 07-03 SC IConsultingGroup ENGINEER'S REPORT,FY 2007-08 PAGE 6 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.AD07-03. The City of Moorpark Landscaping and Lighting Maintenance District No. AD07-03 consists of all Assessor Parcels within the boundaries of CPD 2004-01 - Nearon 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. AD07-03 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 07-03 SC IConsultingGroup ENGINEERS REPORT,FY 2007-08 PAGE 7 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. AD07-03. These types of special benefit are summarized as follows: A. Protection of views, scenery and other resources values and environmental benefits enjoyed by residents, customers and guests and preservation of public assets maintained by the City. B. Potential for increased economic opportunity. C. Reduced cost of local government in law enforcement, public health care, and fire prevention because improved and well-maintained facilities provide a healthy alternative for youth and adult activities. D. Enhanced quality of life and desirability of the area. E. Specific enhancement of property values. F. Creation of individual lots for commercial use that, in absence of the assessments, would not have been created. These benefit factors, when applied to property in the District, specifically increase the value of the land within the District. For example, the assessments will provide funding to maintain landscaping and drainage improvements in the District. Such improved and well- maintained landscaping enhances the overall quality and desirability of the properties. In turn, property values are specifically enhanced by the availability of improved and well- maintained landscaping in the area. GENERAL VERSUS SPECIAL BENEFIT The proceeds from the City of Moorpark Landscaping and Lighting Assessment District No. AD07-03 would be used to fund maintenance of landscaping and drainage improvements in the District. In absence of the City of Moorpark Landscaping and Lighting Assessment District No. AD07-03, such improvements would not be provided. The District is specifically proposing an assessment to provide additional and improved public resources for property in the District over and above what would otherwise be provided. In absence of the assessments, these public resources would not be created and revenues would not be available for their continued maintenance and improvement. CITY OF MOORPARK CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT N0.AD 07-03 SCIConsultingGroup ENGINEER'S REPORT,FY 2007-08 PAGE 8 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 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 AD07-03 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 AD07-03 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. CITY OF MOORPARK CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT N0.AD 07-03 SCIConsultingGroup ENGINEERS REPORT,FY 2007-08 PAGE 9 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 AD07-03 as specified above. Including the authorized annual adjustment, the maximum fiscal year 2007-08 assessment rate per equivalent dwelling unit is $3,982.24. The proposed fiscal year 2007-08 assessment rate per equivalent dwelling unit is $88.49. 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 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 wo- - CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT N0.AD 07-03 SCIConsultingGroup ENGINEERS REPORT,FY 2007-08 PAGE 10 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-07-03; 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. AD07-03 for the fiscal year 2007-08 is generally as follows: SUMMARY COST ESTIMATE F.Y. 2007-08 udget Operation&Administrative Costs $1,019.46 Total Levy to Budget $1,019.46 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. AD07-03. The distinctive number of each parcel or lot of land in the said City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD07-03 is its Assessor Parcel Number appearing on the Assessment Roll. CITY OF MOORPARK CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT NO.AD 07-03 SCIConsultingGroup ENGINEER'S REPORT,FY 2007-08 PAGE 11 And I do hereby assess and apportion said net amount of the cost and expenses of said improvements, including the costs and expenses incident thereto, upon the parcels and lots of land within said City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD07-03, 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. AD07-03 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 AD07-03 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 2007-08. 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 2007-08 for each parcel or lot of land within the said City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD07-03. Dated:April 11, 2007 Engineer of Work V h� _ �� `c,. t - u . ,` gy 21;,�P� No.CO5"Oc1 -! John W. s, License No. C5209 Exp.L�- �"r, CITY OF MOORPARK 4 CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT N0.AD 07-03 S l IConsultingGroup ENGINEER'S REPORT,FY 2007-08 W N E ®®®®®®®®®®®®®®® z � \ o p 9L- FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF MOORPARK,COUNTY OF VENTURA, CALIFORNIA, THIS DAY OF 2007. Z CITY CLERK RECORDED IN THE OFFICE OF THE DIRECTOR OF PUBLIC WORKS OF THE CITY OF MOORPARK, COUNTY OF VENTURA,CALIFORNIA,THIS District Location DAY OF ,2007. 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 2007,AT THE HOUR OF O'CLOCK OF LAND ON THIS ASSESSMENT DIAGRAM ON THE _.M. IN THE OFFICE OF THE COUNTY DAY OF 2007 AUDITOR OF THE COUNTY OF VENTURA, FOR FISCAL YEAR 2007-08 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 2007. REFERENCE IS HEREBY MADE TO SAID RECORDED ASSESSMENT ROLL FOR THE EXACT Note: AMOUNT OF EACH ASSESSMENT LEVIED AGAINST REFERENCE IS HEREBY MADE TO THE MAPS AND DEEDS EACH PARCEL OF LAND. OF RECORD IN THE OFFICE OF THE ASSESSOR OF THE COUNTY OF VENTURA FOR A DETAILED DESCRIPTION OF THE LINES AND DIMENSIONS OF ANY PARCELS SHOWN HEREIN. THOSE MAPS SHALL GOVERN FOR ALL DETAILS CITY CLERK CONCERNING THE LINES AND DIMENSIONS OF SUCH PARCELS. EACH PARCEL IS IDENTIFIED IN SAID MAPS BY ITS DISTINCTIVE ASSESSOR'S PARCEL NUMBER. SCI Consulting Group L-..—.l AD07-03 Boundary CITY OF MOORPARK LANDSCAPING AND LIGHTING 4745 Man gels Blvd MAINTENANCE ASSESSMENT DISTRICT NO. AD07-03 Fairfield, CA 94534 0 Parcels ASSESSMENT DIAGRAM PAGE 13 APPENDIX A-4972 ACT APPLICATION The Landscaping and Lighting Maintenance Assessment District, through the Act, would collect special benefit assessments and provide funding for the installation, maintenance and servicing of landscaping features within the District. The assessments are levied on the basis of benefit and are considered an assessment, not a tax. Pertinent excerpts from the Act are included below. §22500 Short Title This part shall be known and may be cited as the "Landscaping and Lighting Act of 1972." §22503 Assessment district; benefited territory An assessment district shall consist of all territory which, as determined by the legislative body, will be benefited by the improvements and is to be assessed to pay the costs thereof. §22504 Assessment District; territory within local agency An assessment district may consist of all or any part of the territory within the local agency and, in the case of a county, may consist of all or any part of the unincorporated territory of the county. §22505 Assessment district; contiguous or non-contiguous territory An assessment district may consist of contiguous or non-contiguous areas. The improvement in one area need not be of benefit to other areas. §22523 Engineer "Engineer"means the city engineer,county engineer,engineer of the district, or any person designated by the legislative body as the engineer for the purposes of this part,including officer,board, or employee of the local agency or any private person or firm specially employed by the Local agency as engineer for the purposes of this part. (Revised by Article XIIID of the California Constitution) CITY OF MOORPARK CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT No.AD 07-03 SC IConsultingGroup ENGINEER'S REPORT,FY 2007-08 PAGE 14 §22525 Improvement "Improvement" means one or any combination of the following: (a)The installation of planting or landscaping. (b) The installation or construction of statuary, fountains, or other ornamental structures and facilities. (c) The installation or construction of public lighting facilities, including, but not limited to, traffic signals. (d) The installation or construction of any facilities which are appurtenant to and of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. (e) The installation of park or recreational improvements, including but not limited to all of the following: (1) Land preparation, such as grading, leveling, cutting and filling sod landscaping, irrigation systems, sidewalks, and drainage. (2) Lights, playground equipment, play courts, and public restrooms. (f)The maintenance or servicing or both, of any of the foregoing. (g)The acquisition of land for park, recreational or open-space purposes. (h) The acquisition of any existing improvement otherwise authorized pursuant to this section. §22569 Estimates of costs; content The estimate of the costs of the improvements for the fiscal year shall contain estimates for all of the following: (a) The total costs for improvements to be made that year, being the total costs of constructing or installing all proposed improvements and of maintaining and servicing all existing and proposed improvements, including all incidental expenses. This may include a reserve which shall CITY OF MOORPARK CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT NO.AD 07-03 SCIConsultingGroup ENGINEERS REPORT,FY 2007-08 PAGE 15 not exceed the estimated costs of maintenance and servicing to December 10 of the fiscal year, or whenever the city expects to receive its apportionment of special assessments and tax collections from the county, whichever is later. (b) The amount of any surplus or deficit in the improvement fund to be carried over from a previous fiscal year. (c) The amount of any contributions to be made from sources other than assessments levied pursuant to this chapter. (d) The amount, if any, of the annual installment for the fiscal year where the legislative body has ordered an assessment for the estimated cost of any improvements to be levied and collected in annual installments. (e) The net amount to be assessed upon assessable lands within the assessment district, being the total improvement costs, as referred to in subdivision (a), increased or decreased, as the case may be, by any of the amounts referred to in subdivision (b), (c), or(d). §22573 Net amount; apportionment 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. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 Division 7 (commencing with Section 5000). §22574 Classification into zones The diagram and assessment may classify various areas within an assessment district into different zones where, by reason of variations in the nature, location, and extent of the improvements, the various areas will receive differing degrees of benefit from the improvements. A zone shall consist of all territory that will receive substantially the same degree of benefit from the improvements. §22605 Authority of Legislative Bodies CITY OF MOORPARK �- CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT NO.AD 07-03 SC IConsultingGroup ENGINEER'S REPORT,FY 2007-08 PAGE 16 The Legislative body, either in a single proceeding or by separate proceedings, may order one or any combination of the following changes of organization: (a) The annexation of territory to an existing assessment district formed under this part. (b) The detachment of territory from an existing assessment district formed under this part. (c) The dissolution of an existing assessment district formed under this part. (d) The consolidation into a single assessment district formed under this part any combination of two or more of any of the following: (1)An existing assessment district formed pursuant to this part. (2) An existing lighting, street lighting, maintenance, or tree planting district formed pursuant to Chapter 26 (commencing with Section 5820) of Part 3 of Division 14, or Part 1 (commencing with Section 18000), Part 2 (commencing with Section 18300), Part 3 (commencing with Section 18600), or Part 4 (commencing with Section 19000) of Division 14, or Part 1 (commencing with Section 22000) of this division, or pursuant to any procedural ordinance adopted by a charter city. (e) The legislative body shall not, by annexation, detachment, dissolution, or consolidation, alter the obligation of property owners to pay the principal of, and interest on, bonded debt or notes issued pursuant to Section 22662.5. This section does not prevent the lawful refunding of the bonded debt or notes or the apportionment of assessments upon the division of properties assessed. CITY OF MOORPARK yw� � CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT No.AD 07-03 SCIConsultingGroup ENGINEER'S REPORT,FY 2007-08 PAGE 17 APPENDIX B—ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION (Proposition 218) Proposition 218 was approved by voters as a Constitutional Amendment on November 6, 1996. It became Article XIIIC and Article XIIID of the California State Constitution and has imposed additional requirements for assessment districts. Following is a summary of the Article. CALIFORNIA CONSTITUTION ARTICLE 13D (ASSESSMENT AND PROPERTY-RELATED FEE REFORM) SECTION 1.Application. Notwithstanding any other provision of law, the provisions of this article shall apply to all assessments, fees and charges, whether imposed pursuant to state statute or local government charter authority. Nothing in this article or Article XIIIC shall be construed to: (a) Provide any new authority to any agency to impose a tax, assessment,fee, or charge. (b) Affect existing laws relating to the imposition of fees or charges as a condition of property development. (c) Affect existing laws relating to the imposition of timber yield taxes. CALIFORNIA CONSTITUTION ARTICLE 13D (ASSESSMENT AND PROPERTY-RELATED FEE REFORM) SEC. 2. Definitions. As used in this article: (a) "Agency" means any local government as defined in subdivision (b) of Section 1 of Article XIIIC. (b) "Assessment" means any levy or charge upon real property by an agency for a special benefit conferred upon the real property. "Assessment" includes, but is not limited to, "special assessment," "benefit assessment," "maintenance assessment" and "special assessment tax." (c) "Capital cost" means the cost of acquisition, installation, construction, reconstruction, or replacement of a permanent public improvement by an agency. CITY OF MOORPARK CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT N0.AD 07-03 SCIConsultingGroup ENGINEER'S REPORT,FY 2007-08 PAGE 18 (d) "District" means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property-related service. (e) "Fee" or"charge" means any levy other than an ad valorem tax, a special tax, or an assessment, imposed by an agency upon a parcel or upon a person as an incident of property ownership, including a user fee or charge for a property related service. (f) "Maintenance and operation expenses" means the cost of rent, repair, replacement, rehabilitation, fuel, power, electrical current, care, and supervision necessary to properly operate and maintain a permanent public improvement. (g) "Property ownership"shall be deemed to include tenancies of real property where tenants are directly liable to pay the assessment, fee, or charge in question. (h) "Property-related service" means a public service having a direct relationship to property ownership. (i) "Special benefit" means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute "special benefit." CALIFORNIA CONSTITUTION ARTICLE 13D (ASSESSMENT AND PROPERTY-RELATED FEE REFORM) SEC. 3. Property Taxes,Assessments, Fees and Charges Limited. (a) No tax, assessment, fee, or charge shall be assessed by any agency upon any parcel of property or upon any person as an incident of property ownership except: (1)The ad valorem property tax imposed pursuant to Article XIII and Article XIIIA. (2)Any special tax receiving a two-thirds vote pursuant to Section 4 of Article X11 IA. (3)Assessments as provided by this article. (4) Fees or charges for property related services as provided by this article. (b) For purposes of this article, fees for the provision of electrical or gas service shall not be deemed charges or fees imposed as an incident of property ownership. CALIFORNIA CONSTITUTION ARTICLE 13D (ASSESSMENT AND PROPERTY-RELATED FEE REFORM) SEC. 4. Procedures and Requirements for All Assessments. (a)An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel CITY OF MOORPARK MR- CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT N0.AD 07-03 SCIConsultingGroup ENGINEER'S REPORT,FY 2007-08 PAGE 19 shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and an agency shall separate the general benefits from the special benefits conferred on a parcel. Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. (b)All assessments shall be supported by a detailed engineer's report prepared by a registered professional engineer certified by the State of California. (c) The amount of the proposed assessment for each identified parcel shall be calculated and the record owner of each parcel shall be given written notice by mail of the proposed assessment, the total amount thereof chargeable to the entire district, the amount chargeable to the owner's particular parcel, the duration of the payments, the reason for the assessment and the basis upon which the amount of the proposed assessment was calculated, together with the date, time, and location of a public hearing on the proposed assessment. Each notice shall also include, in a conspicuous place thereon, a summary of the procedures applicable to the completion, return, and tabulation of the ballots required pursuant to subdivision (d), including a disclosure statement that the existence of a majority protest, as defined in subdivision (e), will result in the assessment not being imposed. (d) Each notice mailed to owners of identified parcels within the district pursuant to subdivision (c) shall contain a ballot which includes the agency's address for receipt of the ballot once completed by any owner receiving the notice whereby the owner may indicate his or her name, reasonable identification of the parcel, and his or her support or opposition to the proposed assessment. (e) The agency shall conduct a public hearing upon the proposed assessment not less than 45 days after mailing the notice of the proposed assessment to record owners of each identified parcel. At the public hearing, the agency shall consider all protests against the proposed assessment and tabulate the ballots. The agency shall not impose an assessment if there is a majority protest.A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. (f) In any legal action contesting the validity of any assessment, the burden shall be on the agency to demonstrate that the property or properties in question receive a CITY OF MOORPARK WN-7 - CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT N0.AD 07-03 SC IConsultingGroup ENGINEER'S REPORT,FY 2007-08 PAGE 20 special benefit over and above the benefits conferred on the public at large and that the amount of any contested assessment is proportional to, and no greater than, the benefits conferred on the property or properties in question. (g) Because only special benefits are assessable, electors residing within the district who do not own property within the district shall not be deemed under this Constitution to have been deprived of the right to vote for any assessment. If a court determines that the Constitution of the United States or other federal law requires otherwise, the assessment shall not be imposed unless approved by a two-thirds vote of the electorate in the district in addition to being approved by the property owners as required by subdivision (e). CALIFORNIA CONSTITUTION ARTICLE 13D (ASSESSMENT AND PROPERTY-RELATED FEE REFORM) SEC. 5. Effective Date. Pursuant to subdivision (a)of Section 10 of Article Il, the provisions of this article shall become effective the day after the election unless otherwise provided. Beginning July 1, 1997, all existing, new, or increased assessments shall comply with this article. Notwithstanding the foregoing, the following assessments existing on the effective date of this article shall be exempt from the procedures and approval process set forth in Section 4: (a)Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control. Subsequent increases in such assessments shall be subject to the procedures and approval process set forth in Section 4. (b)Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Subsequent increases in such assessments shall be subject to the procedures and approval process set forth in Section 4. (c)Any assessment the proceeds of which are exclusively used to repay bonded indebtedness of which the failure to pay would violate the Contract Impairment Clause of the Constitution of the United States. (d)Any assessment which previously received majority voter approval from the voters voting in an election on the issue of the assessment. Subsequent increases in those assessments shall be subject to the procedures and approval process set forth in Section 4. CITY OF MOORPARK CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT NO.AD 07-03 SC IConsultingGroup ENGINEERS REPORT,FY 2007-08 PAGE 21 APPENDIX C-2007.08 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 512-0-350-04 VILLAGE AT MOORPARK LLC 11.52 $1,019.46 CITY OF MOORPARK CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT N0.AD 07-03 SC IConsultingGroup ENGINEERS REPORT,FY 2007-08