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Home My WebLink AboutAGENDA REPORT 2001 0620 CC REG ITEM 09ATO: FROM: DATE: ITEM q- A. of to - ao -aooi ACTION : RO �.�1 s- itc�'F'reCar�merd0.in 1t' am 1 - 18 S 4 -D 14 rte-rah CITY OF MOORPARK CITY COUNCIL AGENDA REPORT The Honorable City Council Mary K. Lindley, Director of Community Services me June 13, 2001 (CC Meeting of June 20, 2001) SUBJECT: Approve Resolution No. 2001 -_, Approving the Final Assessment Engineer's Report for the Park and Recreation Maintenance and Improvement Assessment District and the Adoption of a Resolution Confirming the Assessment for Fiscal Year 2001/02 SUMMARY The Council is being asked to open the Public Hearing on the continuation of the Parks and Recreation Maintenance and Improvement Assessment District for FY 2001/02, and receive testimony, close the Public Hearing, approval the final Engineer's Report, and adopt a resolution confirming the assessment. BACKGROUND In July 1999, the City successfully established an assessment district for the maintenance and improvement of City parks. The District was initiated by the Council to provide funding in place of AD 85 -1 (Park Maintenance Assessment District) , which was disbanded in July 1998 as a result of Proposition 218. The current Maintenance District is based on a "special" assessment. This means that the City assesses property owners for that portion of park maintenance and improvement activities that generate a "special" benefit. All activities that generate a "general" benefit must be funded from non assessment revenues (typically General Fund and Park Improvement Fund). WMLindleylAssessment Dist \final engineer report 2001 02 ccagd.doc j06,, 4al Park Assessment Engineer's Rpt Page 2 The Park Maintenance and Improvement Assessment District includes all existing 15 City parks. The amount of the assessment levied to property may only increase by the Cost of Living factor (CPI) for the Los Angeles Metropolitan area, and not more than 3 percent in any year. On February 7, 2001, the City Council adopted Resolution No. 2001 -1812 indicating its intent to continue the assessment for FY 2001/02 and directing the preparation of the Engineer's Report. On that date, the City selected Shilt's Consultants to prepare the report. On June 6, 2001, the City Council approved the preliminary Engineer's Report for the Park and Recreation Maintenance and Improvement District for FY 2001/02 and set a Public Hearing for June 20. DISCUSSION The City Council is being presented with the preliminary Engineer's Report for consideration and approval. By approving the Engineer's Report, the Council will be establishing the assessment rate, the formula used to spread the assessment, and the City's contribution (comprised of General Fund and Park Improvement Fund (PIF])for the maintenance and improvement of parks. The boundaries for the Parks and Recreation Maintenance and Improvement District contain all properties within the City's incorporated limits. The Assessment District includes all existing 15 City parks. The Engineer's Report contains a determination regarding the percentage of benefit deemed "special" and the percentage deemed "general ", generated from the maintenance and improvement of City parks and recreation facilities. The percentage figure identified by the Engineer is 25 percent "general" benefit and 75 percent "special" benefit. This percentage is then applied to the total park maintenance budget. Under Proposition 218, the City can only assess property owners for the portion of the budget related to "special" benefits. Although 75 percent is identified as providing "special" benefit, and consistent with previous years, it is proposed that property owners be assessed M: \MLindley \Assessment Dist \final engineer report 2001 02 ccagd.doc Park Assessment Engineer's Rpt Page 3 for only approximately 36 percent of the total park maintenance budget. Additionally, the Report identifies all properties in Moorpark by type. A value has been assigned for each type of property, with single family residential having a value of 1.00. A value for all other property types is assigned based on the SFE. The equivalent value is based on a formula that uses the average number of people who could potentially live on, work at, or otherwise use a property. Specifically, the Engineer finds SFE values as follows: Single Family Residential 1.00 Condominium .80 Multi - Family Residential .78 Mobile Homes .65 Commercial .70 Office 1.90 Shopping Center .70 Industrial .70 Self Storage or Parking Lot .03 (per dwelling unit) (per 1/5 of acre) In regards to undeveloped vacant property, the Engineer has developed a three tiered rate structure. Vacant property will be assessed at a single family equivalent of .25 SFE. Once a development application and engineering plans have been submitted for vacant property, it will be assessed at a single family equivalent of .35 of the developed rate, and vacant property for which development has been approved will have a single family equivalent of .65 of the developed rate until fully developed. Proposed Park Maintenance and Improvement Budget Addressed in the Engineer's Report is the proposed FY 2001/02 Park Maintenance and Improvement Budget, including capital park improvement projects. Total proposed expenditures identified in the Report are $1,374,536, of which $248,000 are park improvements, funded primarily from the Park Improvement Fund. The total Park Assessment budget figure ($1,374,536) excludes $194,096 in indirect costs identified in the FY 2001/02 Budget as "Cost Plan" charges. These are charges assigned to each City program. Additionally, the aforementioned budget figure does not M: \MLindley \Assessment Dist \final engineer report 2001 02 ccagd.doc 30,003 Park Assessment Engineer's Rpt Page 4 include $50,000 for Open Space activities that have in the Park Maintenance Budget for FY 2001/02. With and "Open Space" expenditures included, the Maintenance Budget is $1,618,632. This figure is not the Park Assessment District Budget. been placed "Cost Plan" total Park included in The proposed budget may change as the Council conducts its budget deliberations. As long as these changes do not impact the ratio between special and general activities (750 - 25 %), such that the special activities comprise a larger percent, these changes can be accommodated in the final report. The Engineer's Report addresses the estimated revenue to be generated by the assessment (approximately $500,282) if the assessment rate is approved as recommended. The anticipated revenue figure may also change slightly upward, if any previously unidentified properties are identified. The report also identifies the non assessment contribution, which is noted in the Report as City Contribution. Consistent with Proposition 218, the City covers all costs associated with park maintenance activity expenditures that generate "general" benefits (these activities comprise approximately 25 percent of the budget). Additionally, the City traditionally covers a significant portion of the cost associated with expenditures that generate "special" benefits. The remaining costs associated with "special" benefits are covered by the revenue collected from the assessed levy. The proposed FY 2001/02 Park Assessment District budget figure of $1,374,536 includes $1,126,536 for operations and $248,000 for capital improvements. Of the operational expenditures, it is estimated that $500,282 will be funded from collected assessments. It is proposed that the remaining, approximately $626,254 in operational expenditures, be funded as follows: $61,500 from the equipment replacement fund and $564,754 from the General Fund. Of the $248,000 in proposed capital improvement projects, $236,300 will be funded from the Park Improvement Fund and $11,700 will be funded by the General Fund. This brings the General Fund's contribution to $576,454. The Council should note that $68,000 of the $576,454 proposed from the General Fund will be off -set by the maintenance fee collected by the City from Lennar Communities. As a condition of M: \MLindley \Assessment Dist \final engineer report 2001 02 ccagd.doc Park Assessment Engineer's Rpt Page 5 the Settlement Agreement for Specific Plan 92 -1 (Carlsberg) , the developer is obligated to maintain Miller Park for up to one year after the occupancy of the 227th dwelling unit. The developer opted to pay the City $68,000 annually, as long as the maintenance period remains in effect, to perform park maintenance. As a result, the City can anticipate $68,000 in FY 2001/02 towards the maintenance of Miller Park. With all of the aforementioned calculation adjustments, the General Fund's direct contribution to park maintenance activities in FY 2001/02 will be $505,654. In comparison, in FY 2000/01 the General Fund contributed approximately $560,000, of which approximately $117,300 was a result of the one - time -only credit given to property owners ($10 per SFE). Setting aside the one - time -only credit, the City's contribution for FY 2001/02 is a $62,900 increase over the previous year. It is anticipated that this trend will continue in the future and the City's need for general fund contribution to the maintenance of parks will continue to grow as a result of general cost increases and expanded park areas. FY 2001/02 Park Asst. District Budget Summary Proposed Expenditures Proposed Revenue Operations $1,126,536 Capital Park Projects $ 248,000 Total Expenditure Budget $1,374,536 Assessment Levy $500,282 Park Improvement Fund $236,300 Equipment Replacement Fund $ 61,500 Miller Park Maintenance Fee $ 68,000 General Fund $508,454 Total Revenues $1,374,536 M: \MLindley \Assessment Dist \final engineer report 2001 02 ccagd.doc 40J5 Park Assessment Engineer's Rpt Page 6 As stated above, there are capital improvement projects in the proposed FY 2001/02 budget. Those projects are identified in Attachment A to this Report along with their proposed funding source. Assessment Rate Under Proposition 218, the City can only assess property owners for a portion of the maintenance and improvement of parks that generates a "special" benefit. The portion determined to generate a "general" benefit must be funded from sources other than Assessment District revenue. As stated previously, the Engineer's findings indicate that 25 percent of the benefits conferred by the maintenance and improvement of parks is "general" in nature, and 75 percent is "special ". Historically, the City has contributed funds to park maintenance activities, as was done with the former Park Assessment District, in an effort to minimize the property assessment amount. Prior to disbanding the Park Assessment District in June 1998, property owners were paying a SFE of $41.16. When the Council established the existing Park Assessment District, it elected to levy a rate of $39.00. The Council also elected to place an annual rate adjustment cap on the assessment based on the CPI increase, but no more than 3 percent. As was stated, the initial SFE rate set in FY 1999/00 was $39.00. The CPI adjustment for FY 2000/01 was 2.3 percent, which brought the SFE rate to $39.90. While the SFE rate increased to $39.90, the Council chose to reduce the amount levied to the SFE by $10.00. As a result, the FY 2001/01 SFE rate was $29.90. In turn, the City contributed an additional $420,000 from the General Fund to off -set the reduction in Assessment revenues. The CPI rate adjustment this year, based on the 2000 calendar year, is 3.7 percent. Since the City placed an annual cap on the CPI increase of 3 percent, the City can only raise the assessment rate by 3 percent this year. The CPI change above 3 percent (0.70) can be used in a future year when the CPI change is less than 3 percent. An adjustment of the 3 percent CPI would bring the annual SFE to $41.08. M: \MLindley \Assessment Dist \final engineer report 2001 02 ccagd.doc C 0 6 Park Assessment Engineer's Rpt Page 7 With increased park usage and the greater demands placed on our City parks and the resulting cost increases, it is recommended that the Council approve the CPI adjustment of 3 percent and that it levy the full allowable assessment amount in FY 2001/02. This action is reflected in the Engineer's Report and the proposed FY 2001/02 Budget. Based on this action, the City's contribution would be $874,254 ($236,300 Park Improvement Fund, $61,500 Equipment Replacement Fund, $68,000 from the Miller Park Maintenance Fee and $508,454 General Fund) and total assessment contributions would be $500,282. This represents a ratio of 64 percent City funded and 36 percent assessment district funded, which is far greater than the established 25 %/75% split. Public Hearing The continuation of the Parks Maintenance and Improvement District and rate adjustment requires a public hearing to be held prior to the annual levy of assessment for the purpose of receiving input and to hear any protest to the proposed assessment. Additionally, the Notice cites the assessment amounts set forth in the Engineer's Report. The Notice will be published and posted as required by law. RECOMMENDATION It is recommended that the Council: 1. open the public hearing, receive testimony, and close the public hearing; 2. Approve the Engineer's Report (Attachment C); and 3. Adopt Resolution No. 2001- (Attachment B) confirming the assessment for the Parks and Recreation Maintenance and Improvement District for Fiscal Year 2001/02. M: \MLindley \Assessment Dist \final engineer report 2001 02 ccagd.doc ATTACHMENT A FY 2001/02 CAPITAL PARK PROJECTS FY 2001/02 Capital Park Cost - Cost - Projects P.I. Fund G.F Fund AVCP $12,000 Tennis Court Pavilion __D__r --k-i- inng $1,300 Fountain Campus Park Monument Sign $6,000 Repl. Drinking Fountain $1,300 Campus Canyon Park Fence- Improvements $16,70_0_______ -------- Repl. Drinking Fountain $1,300 Peach Hill Park $3,700 Play Equipment ---- ____ - ---- - ---- - ------ -- - ----- - - - ------- - ---- - - -- - --- - ------ - --- Repl. Drinking Fountain $1,300 Monte Vista Park Repl. Drinking Fountain $1,300 Mountain Meadows Park $2,800 Repl. Drinking Fountain Playground Equip. $96,000 Tierra Rejada Park Monument Signs (2) $14,000 --- - ---- - -------- - -- - ----- - ---- - - -------- - ----- Repl. Drinking Fountain $1,300 Glenwood Park Play Equipment $3,000 Villa Campesina Park Play Equipment $50,000 Half-Court Basketball $25,000 Domestic Water and $11,000 drinking fountain Sub Total - $236, 1,700 Park Improvement Fund � � 2 M:\MLind1ey\Assessrnent Dist\final engineer report 200102 ccagd.doc fT *aLA1 e 11 RESOLUTION NO. 2001- 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 2001/02 FOR THE PARKS MAINTENANCE AND IMPROVEMENT DISTRICT OF THE CITY OF MOORPARK WHEREAS, on July 15, 1999, by its Resolution No. 99- 1625, after receiving a weighted majority of ballots in support of the proposed assessment, this Council ordered the formation of and levied the first assessment within the City of Moorpark Parks and Recreation Maintenance and Improvement District (the "Assessment District ") pursuant to the provisions of Article XIIID of the California Constitution, and the Landscaping and Lighting Act of 1972 (the "Act ") , Part 2 of Division 15 of the California Streets and Highways Code (commencing with Section 22500 thereof); and WHEREAS, by Resolution No. 2001 -1812, the City Council ordered the preparation of an Engineer's Report for the Parks and Recreation Maintenance and Improvement District (the "District ") for fiscal year 2001 -02; and WHEREAS, pursuant to said Resolution, the Engineer's Report was prepared by Shilts Consultants, Inc., Engineer of Work, in accordance with Section 22565, et. seq., of the Streets and Highways Code (the "Report ") and Article XIIID of the California Constitution; and WHEREAS, by Resolution No. 2001 -1850, the City Council preliminarily approved the Engineer's Report for said District and set a date for a Public Hearing; and WHEREAS, said report was duly made and filed with the City Clerk 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 under and pursuant to the aforesaid resolution, and that June 20, 2001, at the hour of 6:30 p.m. and the Council Chambers, located at 799 Moorpark Avenue, Moorpark, California 93021, were appointed as the time and place for a hearing by this Council on the M: \MLindlcy \Assessment Dist \final resolution 3 01 02.doc Page 1 -of 4 D0R19 question of the levy of the proposed assessment, notice of which hearing was given as required by law; and WHEREAS, at the appointed time and place the hearing was duly and regularly held, and all persons interested and desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to the levy were fully heard and considered by the Council, and all oral statements and all written protests or communications were duly heard, considered and overruled, and this 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 Assessment District benefited by the improvements and assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as shown by a map thereof filed in the office of the City Clerk, 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 Assessment District; 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 Assessment District in proportion to the estimated special benefits to be received by such lots kl:\MLindley\Assessment Dist \final resolution 3 01 02.doe Page 2 of 4 :"13 00 -.® 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 2001 -02 is hereby levied. For further particulars pursuant to the provisions of the Landscaping and Lighting Act of 1972, reference is hereby made to the Resolution Directing Preparation of Engineer's Report. 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. SECTION 7. Immediately upon the adoption of this resolution, but in no event later than the third Monday in August following such adoption, the City Clerk 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 M:\MLindley\Assessment Dist \final resolution 3 01 02.doc Page 3 of 4 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 Parks and Recreation Maintenance and Improvement District. SECTION 8. Upon receipt of the moneys representing assessments collected by the County, the County shall deposit the moneys in the City Treasury to the credit of the improvement fund previously established under the distinctive designation of the Assessment District. Moneys in the improvement fund shall be expended only for the maintenance, servicing, construction or installation of the improvements. SECTION 9. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 20th day of June, 2001 Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk M: \MLindley\Assessment Dist \final resolution 3 01 02.doe Page 4 of 4 X30012 A � c CITY OF MOORPARK Parks & Recreation Maintenance and Improvement District ENGINEER'S REPORT Fiscal Year 2001 -02 Preliminary - May, 2001 (Pursuant to the Landscaping and Lighting Act of 1972 and Article XIED of the California Constitution) Engineer of Work Shilts Consultants, Inc. 2300 Boynton Avenue, Suite 201 Fairfield, CA 94533 (707) 426 -5016 CITY OF MOORPARK Parks & Recreation Maintenance and Improvement District TABLE OF CONTENTS I. INTRODUCTION .............................................................................................. ..............................1 II. CERTIFICATES ................................................................................................ ..............................3 III. PLANS & SPECIFICATIONS ........................................................................ ............................... 4 IV. FISCAL YEAR 2001 -02 ESTIMATE OF COST AND BUDGET ................ ............................... 5 V. METHOD OF APPORTIONMENT ................................................................ ..............................6 A. METHOD OF APPORTIONMENT ........................................................................... ............................... 6 B. DISCUSSION OF BENEFIT .................................................................................... ............................... 6 C. GENERAL VERSUS SPECIAL BENEFIT .................................................................. ............................... 9 D. METHOD OF ASSESSMENT .................................................................................. ............................... 9 E. PROXIMITY BENEFITS ...................................................................................... ............................... 10 F. ASSESSMENT APPORTIONMENT ........................................................................ ............................... 10 1. Residential Properties .................................................................................. ............................... 11 2. CommerciaUlndustrial Properties ............................................................... ............................... 12 3. Vacant Residential Land .............................................................................. ............................... 13 4. Other Properties .......................................................................................... ............................... 14 S. Appeals and Interpretation .......................................................................... ............................... 15 VI. ASSESSMENT .................................................................................................. .............................16 VII. ASSESSMENT DIAGRAM ............................................................................. .............................18 VIII. APPENDIX A - -1972 ACT APPLICATION ..................................................... .............................19 IX. APPENDIX B — ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION ............................. 25 X. APPENDIX C - 2001 -02 ASSESSMENT ROLL ............................................. ............................... 30 L INTRODUCTION The City of Moorpark (the "City") currently provides park facilities and recreation programs for approximately 30,000 residents. The City currently owns, operates and maintains 14 neighborhood parks and one community park, which are located throughout the developed areas of the City. (For general locations of the City's park facilities, see the Diagram following in this Report.) The City's parks are summarized as follows: •:• Arroyo Vista Community Park and Recreational Center, (69 developed acres), located near the intersection of Countrywood Drive and Tierra Rejada Road. ❖ Campus Canyon Neighborhood Park, (6 acres), located at Collins Dr. and Hearon Drive. ❖ Campus Park Neighborhood Park, (2.5 acres), located on the corner of Hartford St. and Harvard Street. ❖ Community Center Park, (.5 acres), 799 Moorpark Avenue. ❖ Country Trail Neighborhood Park, (8 acres), located off Countrywood Drive and Mountain Trail. ❖ Glenwood Neighborhood Park, (4.5 acres), located on the corner of Tierra Rejada Rd. and Harvester Street. ❖ Griffin Neighborhood Park, (5 acres), located on at the intersection of Campus Park Drive and College View Avenue. ❖ Miller Neighborhood Park, (6.5 acres), located on Miller Parkway, near Peach Hill Road. ❖ Monte Vista Nature Park, (5 acres), located on Spring Road. ❖ Mountain Meadows Neighborhood Park, (8 acres), located off Mountain Meadow Street, near Tierra Rejada Road. ❖ Peach Hill Neighborhood Park, (10 acres), located on Peach Hill Rd. and Christian Barrett Drive. ❖ Poindexter Neighborhood Park, (7.5 acres), located on Poindexter Ave., west of Chaparral Middle School. ❖ Tierra Reiada Neighborhood Park, (8 acres), located at the intersection of Tierra Rejada Road and Mountain Trail. ❖ Virginia Colony Park, (1 acre), located at the intersection of Los Angeles Place and Condor Drive. ❖ Villa Campesina Park, (.5 acre), located at Liberty Bell Road. Prior to 1997, the City funded the majority of the costs for maintenance and improvement of park facilities with an assessment supported by property owners. With the passage of City of Moorpark Parks Maintenance and Recreation Improvement District 05122101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 1 3 0015 Proposition 218 on November 6, 1996, such an assessment could not be continued unless it is approved by a weighted majority of ballots submitted in an assessment ballot proceeding. As a result, the City discontinued the park maintenance assessment and funded a reduced level of park maintenance with reserve funds. To address the City's shortfall in park maintenance and improvement funding, in 1999 the City proposed a new assessment for parks. In May and June of 1999, the City conducted an assessment ballot proceeding pursuant to the requirements of Article XIIID of the California Constitution ( "The Taxpayer's Right to Vote on Taxes Act ") and the Landscaping the Lighting Act of 1972. During this ballot proceeding, property owners in the City were provided with a notice and ballot for the proposed parks assessment ( "the Parks Maintenance and Recreation Improvement District "). A 45 -day period was provided for balloting and a public hearing was conducted on June 16, 1999. At the public hearing, all ballots returned within the 45- day balloting period were tabulated. It was determined at the public hearing that the assessment ballots submitted in opposition to the proposed assessments did not exceed the assessment ballots submitted in favor of the assessments (with each ballot weighted by the proportional financial obligation of the property for which ballot was submitted). In fact, the final balloting result was 71.5% support for the City of Moorpark Parks Maintenance and Recreation Improvement District (the "District "). As a result, the Council gained the authority to approve the levy of the assessments for fiscal year 1999 -00 and future years. The authority granted by the ballot proceeding includes an annual adjustment in the assessment levies equal to the annual change in the Consumer Price Index for the Los Angeles Area, not to exceed 3 %. In each subsequent year for which the assessments will be levied, the Council must direct the preparation of an Engineer's Report, budgets and proposed assessments for the upcoming fiscal year. After the Engineer's Report is completed, the Council may preliminarily approve the Engineer's Report and proposed assessments and establish the date for a public hearing on the continuation of the assessments. This Report was prepared pursuant to the direction of the Council adopted on February 7, 2001. If the Council approves this Engineer's Report and the proposed assessments by resolution, a notice of assessment levies must be published in a local paper at least 10 days prior to the date of the public hearing. The resolution preliminarily approving the Engineer's Report and establishing the date for a public hearing is used for this notice. Following the minimum 10 -day time period after publishing the notice, a public hearing is held for the purpose of allowing public testimony about the proposed continuation of the assessments. This hearing is currently scheduled for June 6, 2001. At this hearing, the Council would consider approval of a resolution confirming the assessments for fiscal year 2001 -02. If so confirmed and approved, the assessments would be submitted to the County Auditor /Controller for inclusion on the property tax rolls for Fiscal Year 2001 -02. City of Moorpark Parks Maintenance and Recreation Improvement District 0522101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 2 CITY OF MOORPARK Parks & Recreation Maintenance and Improvement District It. 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 , 2001. Engine of rk, License No. C14084 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 .2001. 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 . 2001, 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 , 2001. 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 2001 -02 was filed with me on , 2001. County Auditor, County of Ventura City of Moorpark Parks Maintenance and Recreation Improvement District 05122101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 3 C30017 111, PLANS & SPECIFICATIONS The City of Moorpark maintains park facilities throughout the City. The work and improvements proposed to be undertaken by the City of Moorpark Parks & Recreation Maintenance and Improvement District (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: Installation, maintenance and servicing of public recreational facilities and improvements, including but not limited to landscaping, sprinkler systems, park grounds, park facilities, landscape corridors, ground cover, shrubs and trees, street frontages, playground equipment and hardcourt areas, water, drainage systems, lighting, fencing, entry monuments, basketball courts, tennis courts, running tracks, swimming pools, restroom facilities including sewage systems, other recreational facilities, security guards, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, for property owned and maintained by the City of Moorpark. Any plans and specifications for these improvements will be filed with the Director of Community Services of the City of Moorpark and are incorporated herein by reference. As applied herein, "Installation" means the construction of recreational improvements, including, but not limited to, land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks and drainage, lights, playground equipment, play courts, recreational facilities and public restrooms. "Maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including repair, removal or replacement of all or any part of any improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste, and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. "Servicing" means the furnishing of electric current, or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; or water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. City of Moorpark Parks Maintenance and Recreation Improvement District 05122101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 4 y J00118 IV. FISCAL YEAR 2001 -02 ESTIMATE OF COST AND BUDGET Total Budget Installation, Maintenance & Servicing Costs Capital Outlay $74,200 Capital Improvements $248,000 Property Maintenance $53,600 Tree Trimming $22,100 Landscaping Services $307,600 Water $179,300 Utilities $63,000 Supplies and Materials $54,150 Equipment and Vehicle Operation and Maintenance $15,800 Graffiti Abatement $25,000 Maintenance and Operation of Grounds and Recreational Facilities $266,890 Equipment and Repair $0 Equipment Rental $5,500 Subtotal - Installation, Maintenance and Servicing $1,315,140 Administrative Costs and Incidentals $59,396 Totals for Installation, Maintenance, Servicing and Administration $1,374,536 Less: City Contribution for General and Special Benefits ($874,254) Net Cost of Installation, Maintenance, Servicing and Administration $500,282 (Total Amount to be Assessed) Contributions (to) /from Reserve Fund $0 Net Amount to Assessment $500,282 Budget Allocation to Property Total Assessment Budget* $500,282 Single Family Equivalent Benefit Units 12,178.24 Assessment per Single Family Equivalent Unit $41.08 All assessments are rounded to lower even penny. Therefore, the budget amount slightly differs from the assessment rate City of Moorpark Parks Maintenance and Recreation Improvement District 0522101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 5 V. METHOD OF APPORTIONMENT A. Method of Apportionment This section of the Engineer's Report includes an explanation of the benefits to be derived from the installation, maintenance and servicing of park facilities throughout the City, and the methodology used to apportion the total assessment to properties within the Parks Maintenance and Recreational Improvement District. The Parks & Recreation Maintenance and Improvement District consists of all Assessor Parcels within the boundaries of the City of Moorpark as defined by the County of Ventura tax code areas. The parcels include all privately or publicly owned parcels within said boundaries. The method used for apportioning the assessment is based upon the proportional special benefits to be derived by the properties in the Parks & Recreation Maintenance and Improvement District 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. B. 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 City's recreational facilities 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." Six benefit categories have been established that represent the types of special benefit to residential, commercial, industrial and other lots and parcels resulting from the installation, maintenance and servicing of park and recreation improvements to be provided with the assessment proceeds. These categories of special benefit are derived City of Moorpark Parks Maintenance and Recreation Improvement District 05122101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 6 :D00 0 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 Parks & Recreation Maintenance and improvement District. These types of special benefit are summarized as follows: Enhanced recreational opportunities and expanded access to recreational facilities for all residents throughout the City. Residential properties benefit from the enhanced recreational opportunities offered by the improvements and maintenance services that would be made throughout the City. These maintenance and improvement services include, among others, new playground equipment, improved playcourt, playfield and turf areas, and higher levels of maintenance and watering than would be provided in absence of the assessment. These improved park facilities will be available to residents and guests of property owners within the City, thereby making these properties more valuable. Non - residential properties also will benefit from the improved park facilities in many ways. Employees will have better and well - maintained facilities to utilize for exercise, recreational activities, sporting events, picnics, company gatherings or other uses. These improvements, therefore, enhance an employer's ability to attract and keep quality employees. The benefits to employers ultimately flow to the property because better employees improve the business prospects for companies and enhanced economic conditions benefit the property by making it more valuable. Protection of views, scenery and other resources values and environmental benefits enjoyed by residents, employees, customers and guests and preservation of public assets maintained by the City. The proposed Parks & Recreation Maintenance and improvement District will provide funding to protect and improve the public resources and facilities of the City. For example, the assessments will provide funding to remove graffiti from City park and recreation facilities, to keep the City's park grounds clean with consistent trash removal and to adequately maintain the grounds and facilities so that turf areas remain green and healthy and the grounds and facilities of the City do not fall into disrepair. This benefits properties by maintaining and improving the public resources in the community. • Increased economic activity. Well - maintained and improved park facilities will allow for expansion of recreation programs and increased use of the facilities. Expanded use and activities facilitated by new and refurbished facilities brings greater numbers of people in the area who can utilize the services of businesses within the District. The users of the City's recreational facilities will be more likely to shop and eat locally. Increased use leads to increased economic activity in the area, which is a benefit ultimately to property. • Expanded employment opportunity. Improved recreational facilities and public resources foster business growth which, in turn, creates additional employment opportunities for City residents. In addition, the assessments expand local employment opportunities by funding new projects that may create the need for additional construction or maintenance jobs. City of Moorpark Parks Maintenance and Recreation Improvement District 05122101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 7 C 0 021 improved and well- maintained recreational facilities also provide business properties with an opportunity to attract and keep employees due to the benefits provided by these recreational facilities. Reduced cost of local government in law enforcement, public health care, fire prevention and natural disaster response. High quality recreational facilities allow residents and employees in the City to enjoy activities close to home, thereby not spending time driving to other areas. Improved and well - maintained recreational facilities can also serve to improve public safety and reduce the cost to local government by providing a positive setting for youth and adult activities. All of these factors ultimately benefit property by making the community more desirable and property, in turn, more valuable. • Enhanced quality of life and desirability of the area. The assessments will provide funding to improve the City's public recreational facilities and to ensure that the parks and facilities remain operable, safe, and well maintained. Such improved and well - maintained facilities enhance the overall quality of life and desirability of the area. This is a benefit to residential, commercial, industrial and other properties. • Specific enhancement of property values. The above benefit factors, when applied to property in the City, create specific enhancement of property values. For example, the assessments will provide funding to improve the City's public facilities and grounds and to ensure that the grounds and facilities remain operable, safe, and well maintained. Such improved and well - maintained facilities enhance the overall quality of life and desirability of the area. In turn, property values are specifically enhanced by the availability of improved and well - maintained recreation facilities and public resources within a community. Values of commercial and industrial property increase based on the economic activity and the quality of public resources in the area. Having a system of well - maintained and improved neighborhood parks serves as an important environmental feature for which the community of Moorpark will be known. This, in turn, makes the City of Moorpark a more attractive and safer place to live and to locate new businesses by improving overall quality of the community, providing pleasant places for residents to enjoy, and increasing recreational opportunities. The correlation between enhanced property values and improved and well - maintained recreational facilities has been documented. The United States Department of the Interior, National Park Service determined that "An investment in parks and recreation helps reduce pollution and noise, makes communities more livable, and increases property value." Additionally, the National Recreation and Park Association, in June 1985, stated, `The recreation value is realized as a rise in the value of land and other property in or near the recreation area, and is of public interest to the taxpayers, who have a stake in a maximum of total assessed values." In addition, professional property appraisers have found that well - maintained public recreational grounds and facilities enhance property values in a community. City of Moorpark Parks Maintenance and Recreation Improvement District 05122101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 8 k C. General versus Special Benefit The cost of improving and maintaining the grounds and facilities for use and enjoyment by property owners, residents, employees and customers in the City is a special benefit to property in the District because the improvements and maintenance confer the special benefit factors described above. Moreover, in absence of the proposed assessments, the level of park maintenance and improvement would decline due to City budget constraints. Therefore, the assessments provide special benefits to the community by supporting a higher level of park maintenance and improvement than would otherwise be provided. The maintenance and improvement of the City's parks and recreational facilities from the assessments also provide a degree of general benefits to the public at large. A measure of this general benefit is the proportionate amount of time that the City's parks and recreational facilities are used and enjoyed by the greater public at large'. It is reasonable to assume that approximately 25% of the usage and enjoyment of the improvements is by the greater public. Therefore, approximately 25% of the benefits conferred by the proposed maintenance and improvements are determined to be general in nature. (It should be noted, however, that benefit factors such as protection of resource values, reduced cost of local government and specifically enhanced property values are conferred to property in the District regardless of the use of the parks and facilities.) The City's total budget for maintenance, operation and improvement of its parks and recreational facilities is $1,374,536. Of this total budget amount, the proposed contribution from the City from sources other than the assessments is $874,254. If the City Council approves this level of contribution, the City's contribution would equate to approximately 64% of the total budget for park maintenance and improvement, which more than offsets the cost of the general benefits resulting from the maintenance and improvements.2 D. 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 ' . The greater public at large is generally defined as those who are not residents, property owners, customers or employees within the District boundaries. 2 . At the proposed City contribution of $874,254, the total amount assessable to property would be $500,282, which equates to an assessment rate of $41.08 per single family equivalent. City of Moorpark Parks Maintenance and Recreation Improvement District 05122101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 9 L D002 case, the "benchmark" property is the single family detached dwelling which is one Single Family Equivalent or one SFE. E. Proximity Benefits The City's park facilities are easily accessible by anyone within a neighborhood or the City. Therefore, benefits from the proposed improvements do not vary based on proximity of the parcels to the improvements because the increased benefits of greater proximity to the improvements are generally offset by a parallel increase in negative factors such as higher levels of traffic, noise, etc. that comes with increased proximity. Consequently, since all parcels in the City have good access and proximity to the City's grounds and recreational facilities and the benefits to relatively closer proximity are offset by other factors, proximity is not considered to be a factor in determining benefit within the Parks Maintenance and Improvement District. F. Assessment Apportionment In the process of determining the appropriate method of assessment, the Engineer considered various alternatives. For example, an assessment only for all residential improved property was considered but was determined to be inappropriate because commercial, industrial and other property also receive benefits from the assessments. Moreover, a fixed or flat assessment for all properties of similar type was deemed to be inappropriate because larger properties receive a higher degree of benefit than other similarly used properties that are significantly smaller. (For two properties used for commercial purposes, there is clearly a higher benefit provided to the larger property in comparison to a smaller commercial property because the larger property generally supports a larger building and has higher numbers of employees, customers and guests that would benefit from well maintained and improved parks and recreational facilities. This benefit ultimately flows to the property.) Larger parcels, therefore, receive an increased benefit from the assessments. As stated previously, the special benefits derived from the assessments are conferred on property and are not based on a specific property owner's use of the improvements, or a specific property owner's occupancy of property or the property owner's demographic status such as age or number of dependents. However, it is ultimately people who value the special benefits described above, use and enjoy the City's park and recreational facilities and control property values by placing a value on the special benefits to be provided by the improvements. In other words, the benefits derived to property are related to the average number of people who could potentially live on, work at or otherwise could use a property, not how the property is currently used by the present owner. Therefore, the number of people who could or potentially live on, work at or otherwise use a property is an indicator of the relative level of benefit received by a property. City of Moorpark Parks Maintenance and Recreation Improvement District 05122101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 10 Therefore, the Engineer determined that the appropriate method of assessment should be based on the type of property, the relative size of the property and the potential use of property by residents and employees. This method is further described below. 1. Residential Properties All improved residential properties that represent a single residential dwelling unit are assigned one Single Family Equivalent or 1.0 SFE. Traditional houses, zero -lot line houses and townhomes are included in this category. Properties with more than one residential unit are designated as multi - family residential properties. These properties benefit from the improvements in proportion to the number of dwelling units that occupy each property and the average number of people who reside in multi - family residential units versus the average number of people who reside in a single family home. The population density factors for the City of Moorpark, as depicted below, provide the basis for determining the SFE factors for residential properties. Using the total population in a certain property type within the City of Moorpark from the 1990 Census and dividing it by the total number of such households, finds that approximately 3.54 persons occupy each single family residence, whereas an average of 2.78 persons occupy each multi - family residence. Using the ratio of one SFE for each single - family residence, which equates to one SFE for every 3.54 persons, 0.78 SFE would equate to one multi - family unit or 0.78 SFE for every 2.78 residents. Likewise, using the average population density ratios for other types of residential property, each condominium unit receives 0.80 SFE and each mobile home receives 0.65 SFE. Table 1 Residential Assessment Factors Source: 1990 Census, City of Moorpark City of Moorpark Parks Maintenance and Recreation Improvement District 05122101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 11 1: ' o Total Population Occupied Households Persons per Household SF Facto Single Family Residential 20,105 5,679 3.54 1.00 Condominium 2,361 835 2.83 0.80 Multi - Family Residential 2,155 776 2.78 0.78 Mobile Homes 672 292 2.30 0.65 Source: 1990 Census, City of Moorpark City of Moorpark Parks Maintenance and Recreation Improvement District 05122101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 11 1: ' o 2. Commercial/Industrial Properties SFE values for commercial and industrial land uses are based on the equivalence of special benefit on a land area basis between single family residential property and the average commercial /industrial property. The SFE values for various commercial and industrial land uses are further defined by using average employee densities because the special benefit factors described previously are also related to the average number of people who work at commercial /industrial properties. In order to determine employee density factors, the findings from the San Diego Association of Governments Traffic Generators Study (the "SANDAG Study") are used because these findings were approved by the State Legislature for use in justifying commercial and industrial school facilities fees and are considered to be a good representation of the average number of employees per acre of land area for commercial and industrial properties. As determined by the SANDAG Study, the average number of employees per acre for commercial and industrial property is 35. In comparison, the average number of people residing in a single family home in the area is 3.54. Since the average lot size for a single family home in Moorpark is approximately 0.17 acres, the average number of residents per acre of residential property is 21.3 The employee density per acre is generally 1.7 times the population density of single family residential property per acre (35 employees per acre / 21 residents per acre). Therefore, the average employee density can be used as the basis for allocating benefit to commercial or industrial property since a property with 1.7 employees receives generally similar special benefit to a residential property with 1 resident. This factor of equivalence of benefit between 1 resident to 1.7 employees is the basis for allocating commercial/industrial benefit. Table 2 shows the average employees per acre of land area or portion thereof for commercial and industrial properties and lists the relative SFE factors per fifth acre for properties in each land use category. Commercial and industrial properties in excess of 5 acres generally involve uses that are more land intensive relative to building areas and number of employees (lower coverage ratios). As a result, the benefit factors for commercial and industrial property land area in excess of 5 acres is determined to be the SFE rate per fifth acre for the first 5 acres and the relevant SFE rate per each additional acre over 5 acres. Institutional properties that are used for residential, commercial or industrial purposes are also assessed at the appropriate residential, commercial or industrial rate. 3 . Average lot size determined by an analysis of real property maps and Ventura County assessor parcel data. City of Moorpark Parks Maintenance and Recreation Improvement District 05122101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 12 Table 2 Commercial/Industrial Assessment Factors 1. Source: San Diego Association of Governments Traffic Generators Study. 2. The SFE factors for commercial and industrial parcels are applied by the fifth acre of land area or portion thereof. (Therefore, the minimum assessment for any assessable parcel in these categories is the SFE Units listed herein.) 3. Vacant Residential Land The benefits to be received from the construction and maintenance of recreational facilities throughout the City include active benefits which are related to the use and enjoyment of property in the City and passive benefits which are related to the underlying land. An example of a passive benefit is enhancement of property value that will accrue to a vacant parcel from the park maintenance and improvements based on its future potential use. Another example of a passive benefit factor is increased economic activity because all properties in areas with increased economic activity are generally more valuable. Undeveloped property also benefits from the installation and maintenance of recreational facilities because when the property is developed, the recreational facilities will be available to the developed property. The benefit to vacant properties is determined to be proportional to the corresponding benefits for similar type developed properties. It is reasonable to assume that approximately 25% of the benefits are related to the underlying land and 75% are related to the day to day use of the property. Using this ratio, the SFE factor for vacant parcels is 0.25 per parcel. As properties are approved for development, their value increases. Likewise, the special benefits received by vacant property increases as the property is approved for development, or becomes closer to being fully improved. When property moves from vacant status to the point at which a development application and engineering plans have been submitted to the City for approval, such property is deemed to receive 35% of the relative benefits that would be received by the property after it is fully improved or City of Moorpark Parks Maintenance and Recreation Improvement District 05122101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 13 0027 Average SFE Units Type of CommercialAndustrial Employees per Land Use Per Acre' 115 Acre 2 Commercial 24 0.7 Office 68 1.9 Shopping Center 24 0.7 Industrial 24 0.7 Self Storage or Parking Lot 1 0.03 1. Source: San Diego Association of Governments Traffic Generators Study. 2. The SFE factors for commercial and industrial parcels are applied by the fifth acre of land area or portion thereof. (Therefore, the minimum assessment for any assessable parcel in these categories is the SFE Units listed herein.) 3. Vacant Residential Land The benefits to be received from the construction and maintenance of recreational facilities throughout the City include active benefits which are related to the use and enjoyment of property in the City and passive benefits which are related to the underlying land. An example of a passive benefit is enhancement of property value that will accrue to a vacant parcel from the park maintenance and improvements based on its future potential use. Another example of a passive benefit factor is increased economic activity because all properties in areas with increased economic activity are generally more valuable. Undeveloped property also benefits from the installation and maintenance of recreational facilities because when the property is developed, the recreational facilities will be available to the developed property. The benefit to vacant properties is determined to be proportional to the corresponding benefits for similar type developed properties. It is reasonable to assume that approximately 25% of the benefits are related to the underlying land and 75% are related to the day to day use of the property. Using this ratio, the SFE factor for vacant parcels is 0.25 per parcel. As properties are approved for development, their value increases. Likewise, the special benefits received by vacant property increases as the property is approved for development, or becomes closer to being fully improved. When property moves from vacant status to the point at which a development application and engineering plans have been submitted to the City for approval, such property is deemed to receive 35% of the relative benefits that would be received by the property after it is fully improved or City of Moorpark Parks Maintenance and Recreation Improvement District 05122101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 13 0027 developed. Thus the SFE factor for property with proposed development applications is 35% of the rate that would be applied to the property when it is fully developed. At the second stage towards development, tentative parcel maps and site development plans are approved for the property. At this point, the property is at the final stage and can shortly undergo construction. Since the property is nearing the point of development, its special benefits increase. The Engineer has determined that the relative level of benefit for approved property is 65% of the rate for similar developed property. Therefore, all approved property is assigned an SFE factor that is equal to 65% of the SFE factor that would be applied to the property after it is fully developed.4 4. Other Properties 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. Church parcels, school parcels and other properties used for educational purposes typically generate a lower number of employees than other non - residential parcels. Moreover, many of these parcels provide some degree of on -site amenities that serve to offset some of the benefits from the Parks Maintenance and Improvement District. Therefore, these parcels receive minimal benefit and are assessed an SFE factor of 1. Publicly or institutionally owned property that is used for residential, commercial, office or industrial purposes benefits from the assessments at the same level as any other similarly used property that is privately owned. Therefore, such publicly or institutionally owned property is assessed at the same rate as other similarly used property. 4 . For example, if a property is proposed for development of 100 single family homes, the SFE factor would be 100 SFE *35 %, which equals 35 SFE. After the property is approved for development, the SFE factor would be 65 (100 SFE upon completion * 65 %). The rates for commercial and industrial property are applied similarly. City of Moorpark Parks Maintenance and Recreation Improvement District 05122101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 14 -90028 S. Appeals and Interpretation Any property owner who feels that the assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment, may file a written appeal with the Director of Community Services or her or his designee. Any such appeal is limited to correction of an assessment during the then current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the Director of Community Services or his or her designee will promptly review the appeal and any information provided by the property owner. If the Director of Community Services or her or his designee finds that the assessment should be modified, the appropriate changes shall be made to the assessment roll. if any such changes are approved after the assessment roll has been filed with the County for collection, the Director of Community Services or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any property owner who disagrees with the decision of the Director of Community Services or her or his designee, may refer their appeal to the City Council of the City of Moorpark and the decision of the City Council of the City of Moorpark shall be final. City of Moorpark Parks Maintenance and Recreation Improvement District 05122101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 15 090029 VL ASSESSMENT WHEREAS, on February 7, 2001 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 a Parks & Recreation Maintenance and Improvement District; 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 Parks & Recreation Maintenance and Improvement District for the fiscal year 2001 -02 is generally as follows: SUMMARY COST ESTIMATE F. Y. 2001 -02 Budgef Parks Maintenance and Improvement $1,315,140 Incidentals, Allowance and Administration Expenses $43,744 TOTAL BUDGET $1,374,536 Less: City Contribution for General and Special Benefits - $874,254 NET AMOUNT TO ASSESSMENTS $500,282 As required by the Act, an Assessment Diagram is hereto attached and made a part hereof showing the exterior boundaries of said Parks & Recreation Maintenance and Improvement District. The distinctive number of each parcel or lot of land in the said Parks & Recreation Maintenance and Improvement District is its Assessor Parcel Number appearing on the Assessment Roll. City of Moorpark Parks Maintenance and Recreation Improvement District 05/22/01 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 16 And I do hereby assess and apportion said net amount of the cost and expenses of said improvements, including the costs and expenses incident thereto, upon the parcels and lots of land within said Parks & Recreation Maintenance and Improvement District, 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 Parks & Recreation Maintenance and Improvement District 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), with a maximum annual adjustment not to exceed 3 %. The annual increase for fiscal year 2001 -02 is 3.7 %. This annual increase in the CPI serves to increase the maximum threshold assessment rate for fiscal year 2001 -02 to $41.08 per SFE. The CPI change above 3% (0.7 %) can be used in a future year when the CPI change is below 3 %. In the event that the actual assessment rate for any given year is not increased by an amount equal to the minimum of 3% or the yearly CPI change plus any CPI change in previous years that was in excess of 3 %, the maximum authorized assessment shall increase by this amount. In such event, the maximum authorized assessment 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. 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 2001 -02. 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 2001 -02 for each parcel or lot of land within the said Parks & Recreation Maintenance and Improvement District. Dated: Ju N� SIO Nq� Engineer of Work h O .A / _ > tp By � rn No. 14,084 � Josepo L. S ilts, License No. C14084 s�9TF C t V %\- OF C A1-1F City of'Moorpark Parks Maintenance and Recreation Improvement District 05122101 Engineers Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 17 Vll. Assessment Diagram The Parks & Recreation Maintenance and Improvement District includes all properties within the boundaries of the City of Moorpark. The area within the boundaries of the City encompasses approximately 12.4 square miles, the majority of which is developed for urban use, or planned or approved for development. The boundaries of the Parks Maintenance and Improvement District are displayed on the following Assessment Diagram. City of Moorpark Parks Maintenance and Recreation Improvement District 0522/01 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 18 N W+ E S NP FILED IN THE OFFICE OFTHE CITY CLERK OF THE CITY OF MOORPARK, COUNTY OF VENTURA, CALIFORNIA, THIS DAY OF_____ 2001. %nIa0Ws1njPk Note: REFERENCE IS HEREBY MADE TO THE MAPS AND DEEDS OF RECORD IN THE OFFICE OFTHE 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 CONCERNING THE LINES AND DIMENSIONS OF SUCH PARCELS. EACH PARCEL IS IDENTIFIED IN SAID MAPS BY ITS DISTINCTIVE ASSESSOR'S PARCEL NUMBER. Legend Parks Assessment Boundary Line ^/ Railroads Streets Shi /ts Consultants, Inc. 2.300 Boynton Avenue, Suite 201 Fairfield, CA 94533 City of Moorpark Parks Maintenance and Recreation Improvement District Engineers Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. MI CITY CLERK RECORDED IN THE OFFICE OF THE DIRECTOR OF COMMUNITY SERVICES OFTHE CITY OF MOORPARK, Pk COUNTY OF VENTURA, CALIFORNIA, THIS _ DAYOF_ ___2001. DIRECTOR OF COMMUNITY SERVICES COUNTY AUDITOR, COUNTY OF VENTURA CITY CLERK CITY OF MOORPARK PARKS & RECREATION MAINTENANCE AND IMPROVEMENT DISTRICT ASSESSMENT DIAGRAM 05122101 19 Page rte AN ASSESSMENT WAS CONFIRMED AND LEVIED BY THE CITY COUNCIL OF THE CITY OF MOORPARK ON THE LOTS, PIECES AND PARCELS OF LAND ON THIS ASSESSMENT DIAGRAM ON THE FILED THIS DAY OF __ DAY OF _2001 FOR FISCAL YEAR 2001 -02 AND SAID ASSESSMENT 2001, AT THE HOUR OF O'CLOCK DIAGRAM AND THE ASSESSMENT ROLL FOR SAID _. M. IN THE OFFICE OF THE COUNTY FISCAL YEAR WERE FILED IN THE OFFICE OF THE AUDITOR OF THE COUNTY OF VENTURA, COUNTY AUDITOR OF THE COUNTY OFVENTURA ON STATE OF CALIFORNIA, AT THE REQUEST OF THE _ _ DAY OF _ THE CITY OF MOORPARK CITY COUNCIL. 2001. REFERENCE IS HEREBY MADE TO SAID RECORDED ASSESSMENT ROLL FOR THE EXACT AMOUNTOF EACH ASSESSMENT LEVIED AGAINST EACH PARCEL OF LAND. COUNTY AUDITOR, COUNTY OF VENTURA CITY CLERK CITY OF MOORPARK PARKS & RECREATION MAINTENANCE AND IMPROVEMENT DISTRICT ASSESSMENT DIAGRAM 05122101 19 Page rte Vlll. Appendix A —1972 ACT APPLICATION If approved, the Park Maintenance and Improvement District, through the Act, would collect special benefit assessments and provide funding for the installation, maintenance and servicing of park and recreational facilities in the City. 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) §22525 Improvement "Improvement" means one or any combination of the following: (a) The installation of planting or landscaping. City of Moorpark Parks Maintenance and Recreation Improvement District 05122101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page20 C00034 (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 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. City of Moorpark Parks Maintenance and Recreation Improvement District 05122101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page21 (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 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. City of Moorpark Parks Maintenance and Recreation Improvement District 05122101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page22 (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 Parks Maintenance and Recreation Improvement District 05122101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page23 0 0.3` IX. Appendix B - Article XI11D 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 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. (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. City of Moorpark Parks Maintenance and Recreation Improvement District 0522/01 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page24 p 000 (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 XIIIA. (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 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. City of Moorpark Parks Maintenance and Recreation Improvement District 05122101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page25 C90002 t -9 (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 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 City of Moorpark Parks Maintenance and Recreation Improvement District 05122101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page26 is 000 —t (ASSESSMENT AND PROPERTY - RELATED FEE REFORM) SEC. 5. Effective Date. Pursuant to subdivision (a) of Section 10 of Article 11, 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. CALIFORNIA CONSTITUTION ARTICLE 13D (ASSESSMENT AND PROPERTY - RELATED FEE REFORM) SEC. 6. Property Related Fees and Charges. (a) Procedures for New or Increased Fees and Charges. An agency shall follow the procedures pursuant to this section in imposing or increasing any fee or charge as defined pursuant to this article, including, but not limited to, the following: (1) The parcels upon which a fee or charge is proposed for imposition shall be identified. The amount of the fee or charge proposed to be imposed upon each parcel shall be calculated. The agency shall provide written notice by mail of the proposed fee or charge to the record owner of each identified parcel upon which the fee or charge is proposed for imposition, the amount of the fee or charge proposed to be imposed upon each, the basis upon which the amount of the proposed fee or charge was calculated, the reason for the fee or charge, together with the date, time, and location of a public hearing on the proposed fee or charge. (2) The agency shall conduct a public hearing upon the proposed fee or charge not less than 45 days after mailing the notice of the proposed fee or charge to the record owners of each identified parcel upon which the fee or charge is proposed for imposition. At the public hearing, the agency shall consider all protests against the proposed fee or charge. If written protests against the proposed fee or charge are presented by a majority of owners of the identified parcels, the agency shall not impose the fee or charge. City of Moorpark Parks Maintenance and Recreation Improvement District 05/22/01 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page27 C 0001d (b) Requirements for Existing, New or Increased Fees and Charges. A fee or charge shall not be extended, imposed, or increased by any agency unless it meets all of the following requirements: (1) Revenues derived from the fee or charge shall not exceed the funds required to provide the property related service. (2) Revenues derived from the fee or charge shall not be used for any purpose other than that for which the fee or charge was imposed. (3) The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership shall not exceed the proportional cost of the service attributable to the parcel. (4) No fee or charge may be imposed for a service unless that service is actually used by, or immediately available to, the owner of the property in question. Fees or charges based on potential or future use of a service are not permitted. Standby charges, whether characterized as charges or assessments, shall be classified as assessments and shall not be imposed without compliance with Section 4. (5) No fee or charge may be imposed for general governmental services including, but not limited to, police, fire, ambulance or library services, where the service is available to the public at large in substantially the same manner as it is to property owners. Reliance by an agency on any parcel map, including, but not limited to, an assessor's parcel map, may be considered a significant factor in determining whether a fee or charge is imposed as an incident of property ownership for purposes of this article. In any legal action contesting the validity of a fee or charge, the burden shall be on the agency to demonstrate compliance with this article. (c) Voter Approval for New or Increased Fees and Charges. Except for fees or charges for sewer, water, and refuse collection services, no property related fee or charge shall be imposed or increased unless and until that fee or charge is submitted and approved by a majority vote of the property owners of the property subject to the fee or charge or, at the option of the agency, by a two- thirds vote of the electorate residing in the affected area. The election shall be conducted not less than 45 days after the public hearing. An agency may adopt procedures similar to those for increases in assessments in the conduct of elections under this subdivision. (d) Beginning July 1, 1997, all fees or charges shall comply with this section. City of Moorpark Parks Maintenance and Recreation Improvement District 05122101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page28 004.et X. Appendix C - 2001 -02 ASSESSMENT ROLL An Assessment Roll (a listing of all parcels assessed within the Park Maintenance and Improvement District and the amount of the assessment) will be filed with the City Clerk and is, by reference, made part of this report and is available for public inspection during normal office hours. Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference made part of this report. These records shall govern for all details concerning the description of the lots or parcels. City of Moorpark Parks Maintenance and Recreation Improvement District 05122101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page29 C90043