HomeMy WebLinkAboutAGENDA REPORT 2007 0606 CC REG ITEM 08A rrW 8. A.
CITY OF MOORPARK,CALIFORNIA
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MOORPARK CITY COUNCIL ° -` 2 ova as95
AGENDA REPORT
TO: The Honorable City Council
FROM: Yugal K. Lail, City Engineer/Public Works Director .
DATE: May 18, 2007 (CC Meeting of 06-06-07)
SUBJECT: Consider Final Review and Changes to the Engineer's Report for
Assessment District AD07-03 (Nearon — CPD 200401) and Resolution
Confirming the Assessment Amounts for Fiscal Year 2007/08
DISCUSSION
A. Background
On April,18, 2007, the City Council considered a Petition/Waiver from the owner(s) of
the property subject to CPD 2004-01, requesting formation of the subject assessment
district. On that date the City Council approved and accepted that Petition/Waiver and
adopted Resolution No. 2007-2580, initiating the process required for the formation of
the subject Assessment District.
On May 2, 2007, the City Council adopted Resolution No. 2007-2588, approving the
AD07-03 Engineer's Report for FY 2007/08 and setting June 6, 2007, as the date of a
public hearing to consider the levy of the assessments provided for in the Engineer's
Report.
B. CPD 2004-01 / Improvements/ Back-up District
The property subject to CPD 2004-01, generally described on the map attached as
Attachment 1, is located at the southwest comer of the intersection of Los Angeles
Avenue and Miller Parkway.
The developer of this property has constructed certain landscape and drainage
improvements (herein "Improvements") within and adjacent to the property. The
developer, and/or subsequent property managers, are responsible for maintaining the
Improvements. The Conditions of Approval for CPD 2004-01 include provisions to
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Honorable City Council
June 6, 2007
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allow the City to take over the responsibility for the maintenance of the
Improvements, should the City determine that the Improvements are not being
maintained properly.
The Conditions of Approval for CPD 2004-01 require formation of an assessment
district to fund City costs associated with the possible future maintenance of the
Improvements by the City, and to fund on-going assessment district administration
costs.
C. Engineer's Report
The Engineer's Report for the formation of this new Assessment District was
previously distributed to the City Council and key staff members by separate memo.
Copies of this report may be obtained from the City Clerk's Division. This report
includes certain information required for the formation of a 1972 Act Lighting and
Landscaping Assessment District, including the following:
• a Boundary Map for AD07-03;
• the reason for the assessment;
• the duration of the assessment;
• the method of assessment;
• the amount of the annual assessment; and
• a description of improvements to be maintained.
D. Improvements to be Maintained
The improvements to be maintained by the District (Improvements) are described in
the Engineer's Report and generally depicted on Attachment 1.
E. Access and Right-of-Way
All of the Improvements (to be maintained) are located on-site or within Caltrans or
City street right-of-way. A "Three-Way Agreement", between the developer, the City
and Caltrans, has been executed to facilitate access to the Improvements within the
Caltrans right-of-way. A Maintenance Easement will be granted to the City to allow
for future City access to the on-site Improvements, should that become necessary.
F. Primary Assessment& Back-Up Assessment
1. Primary Assessment. The Primary Assessment is that amount deemed
sufficient to fund annual assessment district administration costs. The amount of
the Primary Assessment for FY 07/08, which is an amount equal to the estimated
administrative costs for FY 07/08, is $1,019.45. The Engineer's Report provides
that each subsequent fiscal year the City will determine the amount of the
Primary Assessment and that said amount shall be sufficient to cover actual past
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and estimated future administrative costs, even if said amount exceeds the
amount determined for the initial fiscal year.
2. Back-Up Assessment. The Back-up Assessment is an amount equal to the
estimated cost for the maintenance of the Improvements, plus a ten percent
(10%) contingency. The amount of Back-up Assessment for FY 07/08 is
$44,855.91.
3. Assessment vs. Levy. Each fiscal year the Engineer's Report for the District will
state that the total assessment amount will be an amount equal to the sum of the
Primary Assessment and the Back-up Assessment. However, the Engineer's
Report will also state that the amount to be levied upon the Property will be an
amount equal to the Primary Assessment plus all or any portion of the Back-up
Assessment required to maintain those Improvements maintained or to be
maintained by the City.
G. Assessment Amount
The proposed assessment amounts discussed and defined in Engineer's Report are
recapped as follows:
Total Estimated Annual Cost
Element Landscaping($) Drainage($) Total ($)
Maintenance and Replacement Cost 31,447.03 9,331.07 40,778.10
Contingency(10%) 3,144.70 933.11 4,077.81
Administration 786.18 233.28 1,019.46
Total 35,377.91 10,497.46 45,875.37
Total Assessment Amount
Primary Back-up Total
Description Assessment Assessment Assessment
Total Assessment Amount $1,019.46 $44,855.91 $45,875.37
Total Number of acres 11.52 11.52 11.52
Total Assessment per Acre $88.49 $3,893.74 $3,982.24
H. FY 2007/08 Lew Amount
The Engineer's Report stipulates that the levy amount for FY 2007/08 shall be the
amount identified as the "Primary Assessment" in the above chart.
I. Cost of Living Adjustment(C.O.L.A.)
The Engineer's Report provides for an annual C.O.L.A. adjustment to assessment
and levy amounts.
city share/public vorksleveryone/staff reporta/2007/June/AD07_03 Village at Moorpark_approve
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J. Capital Improvement Reserve Fund
The Engineer's Report also includes provisions for the establishment of a Capital
Improvement Reserve Fund. Said language states that when and if the Capital
Improvement Reserve Fund exceeds three hundred percent (300%) of the estimated
annual program costs, the actual amount of the assessment levied upon the affected
properties shall be reduced to an amount deemed sufficient to keep the amount of
the Capital Improvement Fund at an amount below the three hundred percent (300%)
ceiling.
K. Public Hearing
The "Landscaping and Lighting Act of 1972" ["Act"] (Streets and Highways Code)
requires that a public hearing be held prior to the formation of any new assessment
district and the levy of the assessments provided for by that new assessment district.
In signing and submitting the aforementioned Petition and Waiver, all affected
property owners for this assessment voluntarily waived their rights to notice, balloting
and providing other comment to the City, so no additional noticing is required.
L. Final Review and Revision
Consistent with the requirements of the Act, the City Council may make changes to
the Engineer's Report, including the assessment amounts set forth therein, at any
time prior to its action approving the levy of the assessments for the ensuing year.
STAFF RECOMMENDATIONS (Roll Call Vote)
Subsequent to opening the public hearing, receiving testimony and closing the public
hearing, staff recommends that the City Council take the following actions:
1. Approve the Engineer's Report for AD07-03 for FY 2007/08, with no changes from
the report approved by City Council Resolution No. 2007-2588.
2. Adopt Resolution No. 2007-
Attachments:
1: District Location Map and Boundary Map
2: Resolution
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Attachment 2
RESOLUTION NO. 2007 -
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 2007/08 FOR THE CITY OF MOORPARK
LANDSCAPING AND LIGHTING MAINTENANCE
ASSESSMENT DISTRICT AD07-03
WHEREAS, this Council designated SCI Consulting Group as Engineer of
Work and ordered said Engineer to make and file an Engineer's Report for a
proposed Landscaping and Lighting Maintenance Assessment District; and
WHEREAS, the report was duly made and filed with the Council and duly
considered by this Council and found to be sufficient in every particular,
whereupon it was determined that the report should stand as the Engineer's
Report for all subsequent proceedings; and
WHEREAS, in order to expedite the proceedings, the property owner has
submitted a Petition and Waiver, wherein the property owner (1) has requested
that the new assessment district be formed; and (2) has waived all rights
conferred by Proposition 218 with respect to the approval of the new assessment
by mailed ballot/notice and the 45-day time period for balloting; and
WHEREAS, on June 6, 2007, at the hour of 7:00 PM at the City of
Moorpark City Council Chambers, 799 Moorpark Avenue, Moorpark, California
93021, the public hearing was duly and regularly held, and all persons interested
and desiring to be heard were given an opportunity to speak and be heard, and
all matters and things pertaining to the levy were fully heard and considered by
this Council, and all oral statements and all written protests or communications
were duly considered; and
WHEREAS, at the public hearing the Council thereby acquired jurisdiction
to order the levy and the confirmation of the diagram and assessment prepared
by and made a part of the Engineer's Report to pay the costs and expenses
thereof.
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.
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Resolution No. 2007 -
Page 2
SECTION 2. The City of Moorpark Landscaping and Lighting Maintenance
Assessment District No. AD07-03 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 City of Moorpark
Landscaping and Lighting Maintenance Assessment District No. AD07-03;
and
(c) the assessment of the total amount of the cost and expenses of the
proposed maintenance of the improvements upon the several lots and
parcels of land in the City of Moorpark Landscaping and Lighting
Maintenance Assessment District No. AD07-03 in proportion to the
estimated special benefits to be received by such lots and parcels,
respectively, from the maintenance, and of the expenses incidental
thereto;
are finally approved and confirmed.
SECTION 4. Final adoption and approval of the Engineer's Report as a
whole, and of the plans and specifications, estimate of the costs and expenses,
the diagram and the assessment, as contained in the report as hereinabove
determined and ordered, is intended to and shall refer and apply to the report, or
any portion thereof as amended, modified, or revised or corrected by, or
pursuant to and in accordance with, any resolution or order, if any, heretofore
duly adopted or made by this Council.
SECTION 5. The assessment to pay the costs and expenses of the
maintenance of the improvements for fiscal year 2007/08 is hereby levied.
SECTION 6. Based on the oral and documentary evidence, including the
Engineer's Report, offered and received at the hearing, this Council expressly
finds and determines (a) that each of the several lots and parcels of land will be
specially benefited by the maintenance of the improvements at least in the
amount, if not more than the amount, of the assessment apportioned against the
lots and parcels of land, respectively, and (b)that there is substantial evidence to
support, and the weight of the evidence preponderates in favor of, the aforesaid
finding and determination as to special benefits.
1.1�b�.✓f��E I�
Resolution No. 2007 -
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SECTION 7. Immediately upon the adoption of this resolution, but in no
event later than the second Monday in August following such adoption, the
Council shall file a certified copy of the diagram and assessment and a certified
copy of this resolution with the Auditor of the County of Ventura. Upon such
filing, the County Auditor shall enter on the County assessment roll opposite
each lot or parcel of land the amount of assessment thereupon as shown in the
assessment. The assessments shall be collected at the same time and in the
same manner as County taxes are collected and all laws providing for the
collection and enforcement of County taxes shall apply to the collection and
enforcement of the assessments. After collection by the County, the net amount
of the assessments, after deduction of any compensation due the County for
collection, shall be paid to the City of Moorpark Landscaping and Lighting
Maintenance Assessment District No. AD07-03.
SECTION 8. The moneys representing assessments collected by the
County, shall be deposited in the City Treasury to the credit of the improvement
fund previously established under the distinctive designation of the City of
Moorpark Landscaping and Lighting Maintenance Assessment District No.
AD07-03. Moneys in the improvement fund shall be expended only for the
maintenance, servicing, construction or installation of the improvements.
SECTION 9. The assessments levied are in conformance with Proposition
218.
SECTION 10. The City Clerk shall certify to the adoption of this resolution
and shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 6th day of June, 2007.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
CITY OF MOORPARK
CITY OF MOORPARK LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT N0.AD07-03
[NEARON-CPD 2004.01]
ENGINEER'S REPORT
FISCAL YEAR 2007-08
APRIL 2007
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972
AND ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION
ENGINEER OF WORK:
C[ConsultingGroup
4745 MANGELS BOULEVARD
FAIRFIELD,CALIFORNIA 94534
PHONE 707.430.4300
FAx 707.430.4319
�� www.sci-cg.com
PAGE 2
TABLE OF CONTENTS
INTRODUCTION .................................................................................................................1
CERTIFICATES...................................................................................................................2
PLANS&SPECIFICATIONS...............................................................................................3
FISCAL YEAR 2007.08 ESTIMATE OF COST AND BUDGET............................................4
CAPITAL IMPROVEMENT RESERVE FUND............................................................................5
METHODOF APPORTIONMENT.......................................................................................6
METHODOF APPORTIONMENT...........................................................................................6
DISCUSSIONOF BENEFIT..................................................................................................6
GENERAL VERSUS SPECIAL BENEFIT.................................................................................7
METHODOF ASSESSMENT................................................................................................8
ASSESSMENTAPPORTIONMENT ........................................................................................8
APPEALSAND INTERPRETATION ........................................................................................9
ASSESSMENT..................................................................................................................10
ASSESSMENTDIAGRAM........................................................................................................12
APPENDIX A--1972 ACT APPLICATION............................................................................13
APPENDIX B-ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION...........................................17
APPENDIX C.2007-08 ASSESSMENT ROLL.....................................................................21
CITY OF MOORPARK �- 1
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT NO.AD 07-03 _ ConsultingGroup
ENGINEERS REPORT,FY 2007-08
PAGE 1
INTRODUCTION
The City of Moorpark Landscaping and Lighting Maintenance Assessment District No. AD-
07-03 (the "District") is proposed for formation to provide funding for possible future
maintenance of parkway landscaping and drainage improvements within and 1 or adjacent
to the Village at Moorpark shopping center (CPD 2004-01 - Nearon) located at the
southwest corner of Los Angeles Avenue and Miller Parkway. This District results from
agreements or conditions of development approval, between the City of Moorpark and the
developer of the property, whereby the City and developer agreed on landscaping and
drainage improvements to enhance public views and resources and to improve the appeal
of the community.
This Engineer's Report ("Report") was prepared to establish the budget for the services
that would be funded by the proposed 2007-08 assessments and to determine the benefits
received from the maintenance and improvements by property within the District and the
method of assessment apportionment to lots and parcels. This Report and the proposed
assessments have been made pursuant to the Landscaping and Lighting Act of 1972, Part
2 of Division 15 of the California Streets and Highways Code(the"Act") and Article XIIID of
the California Constitution (the "Article"). For a more complete description of the Act and
the Article, please refer to Appendix A and Appendix B.
In lieu of a mailed ballot proceeding, the property owner has submitted a Petition and
Waiver to the Council for approval. In submitting this document to the City, the property
owner (1) requests that the new assessment district be formed; and (2) waives all rights
conferred by Proposition 218 with respect to the approval of the new assessment by
mailed ballot.
Following submittal of this Report and the property owner's Petition/Waiver to the City of
Moorpark City Council (the "Council") for preliminary approval, the Council may, by
Resolution, call for a Public Hearing on the proposed establishment of assessments for
landscaping and drainage improvements. The public hearing must be held for the purpose
of allowing public testimony regarding the proposed assessments. This hearing is
scheduled for June 6, 2007 at 7:00 p.m. At this hearing, the Council may take action to
form the District and to approve the levy of the assessments for fiscal year 2007-08. If the
assessments are so confirmed and approved, the levies would be submitted to the County
Auditor/Controller in July 2007 for inclusion on the property tax roll for Fiscal Year 2007-08.
In each subsequent year for which the assessments will be levied, the Council must direct
the preparation of an Engineer's Report, budgets and proposed assessments for the
upcoming fiscal year. After the Engineer's Report is completed, the Council may
preliminarily approve the Engineer's Report and proposed assessments and establish the
date for a public hearing on the continuation of the assessments.
CRY OF MOORPARK `
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT N0.AD 07-03 ConsultingGroup
ENGINEER'S REPORT,FY 2007-08
PAGE 2
CERTIFICATES
1. The undersigned respectfully submits the enclosed Engineer's Report and does
hereby certify that this Engineer's Report, and the Assessment and Assessment Diagram
herein, have been prepared by me in accordance with the order of the City Council of the
City of Moorpark, adopted on April 4, 2007.
�r
Enginee f Work, License No. C52091
2. I, the Clerk of the City Council, City of Moorpark, County of Ventura, California,
hereby certify that the enclosed Engineer's Report, together with the Assessment and
Assessment Diagram thereto attached, was filed and recorded with me on Tun-e,
6., 2007.
Clerk of the City Council
3. I, the Clerk of the City Council, City of Moorpark, County of Ventura, California,
hereby certify that the Assessment in this Engineer's Report was approved and confirmed
by the City Council on JvAe to , 2007, by Resolution No. Ro07- 2596 .
Clerk of the City Council
4. I, the Clerk of the City Council of the City of Moorpark, County of Ventura,
California, hereby certify that a copy of the Assessment and Assessment Diagram was
filed in the office of the County Auditor of the County of Ventura, California, on
, 2007.
Clerk of the City Council
5. I, the County Auditor of the County of Ventura, California, hereby certify that a
copy of the Assessment Roll and Assessment Diagram for fiscal year 2007-08 was filed
with me on 2007.
County Auditor, County of Ventura
CITY OF MOORPARK
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT NO.AD 07-03 ConsultingGroup
ENGINEERS REPORT,FY 2007-08
PAGE 3
PLANS&SPECIFICATIONS
The work and improvements proposed to be undertaken by the City of Moorpark
Landscaping and Lighting Maintenance Assessment District No. AD07-03 (the "District")
and the cost thereof paid from the levy of the annual assessment provide special benefit to
Assessor Parcels within the District as defined in the Method of Assessment herein,
Consistent with the Landscaping and Lighting Act of 1972, (the "Act") the work and
improvements are generally described as follows:
Within the landscaping and lighting district, the improvements to be maintained are
generally described as the maintenance and servicing of slope landscaping, right of way
landscaping, frontage landscaping and storm water quality facilities, and all necessary
appurtenances, and labor, materials, supplies, utilities and equipment, as applicable, for
property owned or maintained by the City of Moorpark located in or adjacent to the Village
at Moorpark shopping center (CPD 2004-01 — Nearon) located at the southwest corner of
Los Angeles Avenue and Miller Parkway. Any plans and specifications for these
improvements will be filed with the City of Moorpark and are incorporated herein by
reference.
As applied herein, "maintenance" means the furnishing of services and materials for the
ordinary and usual maintenance, operation and servicing of said improvements, including
repair, removal or replacement of all or any part of any improvement; providing for the life,
growth, health, and beauty of landscaping, and the cleaning, sandblasting, and painting of
walls and other improvements to remove or cover graffiti.
"Servicing" means the furnishing of electric current, or energy, gas or other illuminating
agent for the lighting or operation of any improvements; maintaining, operating and
servicing street and traffic safety lighting, and water for irrigation of any landscaping or the
maintenance of any other improvements.
CITY OF MOORPARK °`-z
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT N0.AD 07-03 ° t- ConsultingGroup
ENGINEERS REPORT,FY 2007-08
PAGE 4
FISCAL YEAR 2007-08 ESTIMATE OF COST AND BUDGET
Description of Improvements to be Maintained:
Landscaping Improvements
The maintenance of slope landscape improvements, right of way landscape improvements and project
frontage landscape improvements.
Drainage Improvements
The maintenance of a bio Swale,storm drain system and five catch basins.
The Property Owner shall retain the responsibility for the maintenance of the landscape and drainage
improvements, but in the event it is ever determined that said maintenance is inadequate, the City can take
over the maintenance of the landscape and drainage improvements. The assessments for the cost of
maintaining the landscape and drainage improvements will be levied only if the City takes over responsibility
for the maintenance of the landscape and drainage improvements.
Estimate of Cost FY 2007-08
Landscaping(Back-up Assessment)
Landscaping Maintenance&Replacement Cost $31,447.03
Contingency(10%) $3,144.70
Total Landscaping $34,591.73
Drainage (Back-up Assessment)
Drainage Maintenance&Replacement Cost $9,331.07
Contingency(10%) $933.11
Total Drainage $10,264.18
Administrative Costs $1,019.46
Total Assessment Budget $45,875.37
Total EDUs 11.52
Total authorized fiscal year 2007.08 assessment rate $3,982.24
Proposed fiscal year 2007-08 assessment rate $88.49
CITY OF MOORPARK h
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT N0.AD 07-03 ,ConsultingGroup
ENGINEERS REPORT,FY 2007-08
PAGE 5
CAPITAL IMPROVEMENT RESERVE FUND
The District has a Capital Improvement Reserve Fund to provide funding for unforeseen
expenses (slope failures, etc.). The projected year-end balance for said Capital
Improvement Reserve Funds shall not exceed three (3) years of estimated program costs
for the district; and if and when it is determined that levying the maximum authorized
assessment for the district in any given year, would cause the Capital Improvement
Reserve Fund for the district to exceed said limit, then the amount of the approved
assessment which shall be 'levied" upon the properties in the district, shall be reduced to
an amount which is estimated to not cause the Capital Improvement Reserve Fund year-
end balance to exceed said limit. In any event, the amount of the assessment shall
always remain unchanged. Any reduction to the amount actually levied upon the
property, shall not affect the maximum authorized assessment amount for that or any
future year. In the event the amount levied is less than the maximum authorized
assessment amount, the amount levied shall not be less than 10% of the maximum
authorized assessment.
CITY OF MOORPARK }'
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT N0.AD 07-03 } '`A='ConsultingGroup
ENGINEERS REPORT,FY 2007-08
PAGE 6
METHOD OF APPORTIONMENT
METHOD OF APPORTIONMENT
This section of the Engineer's Report includes an explanation of the benefits to be derived
from the maintenance and servicing of lighting and landscaping facilities throughout the
City, and the methodology used to apportion the total assessment to properties within the
City of Moorpark Landscaping and Lighting Maintenance District No. AD07-03.
The City of Moorpark Landscaping and Lighting Maintenance District No. AD07-03
consists of all Assessor Parcels within the boundaries of CPD 2004-01 - Nearon as
defined within the area of the boundary diagram included within this Engineer's Report
(see the Assessment Roll for a list of all the parcels included). The parcels include all
privately or publicly owned parcels within said boundaries. The method used for
apportioning the assessment is based upon the proportional special benefits to be derived
by the properties in the City of Moorpark Landscaping and Lighting Maintenance District
No. AD07-03 over and above general benefits conferred on real property or to the public at
large. The apportionment of special benefit is a two step process: the first step is to identify
the types of special benefit arising from the improvements, and the second step is to
allocate the assessments to property based on the estimated relative special benefit for
each type of property.
DISCUSSION OF BENEFIT
In summary, the assessments can only be levied based on the special benefit to property.
This benefit is received by property over and above any general benefits. Moreover, such
benefit is not based on any one property owner's use of the District's landscaping and
drainage improvements or a property owner's specific demographic status. With reference
to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act
of 1972 states:
"The net amount to be assessed upon lands within an assessment district may
be apportioned by any formula or method which fairly distributes the net
amount among all assessable lots or parcels in proportion to the estimated
benefits to be received by each such lot or parcel from the improvements."
Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed
that assessments must be based on the special benefit to property:
"No assessment shall be imposed on any parcel which exceeds the reasonable
cost of the proportional special benefit conferred on that parcel."
CITY OF MOORPARK
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT N0.AD 07-03 ConsultingGroup
ENGINEERS REPORT,FY 2007-08
PAGE 7
The following benefit categories summarize the types of special benefit to residential,
commercial, industrial and other lots and parcels resulting from the installation,
maintenance and servicing of landscaping improvements to be provided with the
assessment proceeds. These categories of special benefit are derived from the statutes
passed by the California Legislature and other studies which describe the types of special
benefit received by property from maintenance and improvements such as those proposed
by the City of Moorpark Landscaping and Lighting Assessment District No. AD07-03.
These types of special benefit are summarized as follows:
A. Protection of views, scenery and other resources values and environmental benefits
enjoyed by residents, customers and guests and preservation of public assets
maintained by the City.
B. Potential for increased economic opportunity.
C. Reduced cost of local government in law enforcement, public health care, and fire
prevention because improved and well-maintained facilities provide a healthy
alternative for youth and adult activities.
D. Enhanced quality of life and desirability of the area.
E. Specific enhancement of property values.
F. Creation of individual lots for commercial use that, in absence of the assessments,
would not have been created.
These benefit factors, when applied to property in the District, specifically increase the
value of the land within the District. For example, the assessments will provide funding to
maintain landscaping and drainage improvements in the District. Such improved and well-
maintained landscaping enhances the overall quality and desirability of the properties. In
turn, property values are specifically enhanced by the availability of improved and well-
maintained landscaping in the area.
GENERAL VERSUS SPECIAL BENEFIT
The proceeds from the City of Moorpark Landscaping and Lighting Assessment District
No. AD07-03 would be used to fund maintenance of landscaping and drainage
improvements in the District. In absence of the City of Moorpark Landscaping and Lighting
Assessment District No. AD07-03, such improvements would not be provided. The District
is specifically proposing an assessment to provide additional and improved public
resources for property in the District over and above what would otherwise be provided. In
absence of the assessments, these public resources would not be created and revenues
would not be available for their continued maintenance and improvement.
CITY OF MOORPARK
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT NO.AD 07-03 -"_ConsultingGroup
ENGINEER'S REPORT,FY 2007-08
PAGE 8
METHOD OF ASSESSMENT
The second step in apportioning assessments is to determine the relative special benefit
for each property. This process involves determining the relative benefit received by each
property in relation to a single family home, or, in other words, on the basis of Single
Family Equivalents (SFE). This SFE methodology is commonly used to distribute
assessments in proportion to estimated special benefit and is generally recognized as
providing the basis for a fair and appropriate distribution of assessments. For the
purposes of this Engineer's Report, all properties are designated a SFE value, which is
each property's relative benefit in relation to a single family home on one parcel. In this
case, the "benchmark" property is the single family detached dwelling which is one Single
Family Equivalent or one SFE.
ASSESSMENT APPORTIONMENT
The proposed assessments for the District would provide direct and special benefit to
properties in this District. The properties within the District consist of parcels proposed for
commercial development. The benefits are determined to be reasonably equivalent on an
acreage basis. Therefore, the Engineer has determined that the appropriate method of
apportionment of the benefits derived by all parcels is on a per acre basis. In the event
that the assessable parcel acreage in the District declines, the assessment rate per acre
shall be recalculated. Any such acreage rate recalculation shall not be an increase in the
assessment that would require approval through an assessment ballot proceeding.
All properties that are specially benefited are assessed. Public right-of-way parcels, well,
reservoir or other water rights parcels, limited access open space parcels, watershed
parcels and common area parcels typically do not generate employees, residents,
customers or guests. Moreover, many of these parcels have limited economic value and,
therefore, do not benefit from specific enhancement of property value. Such parcels are,
therefore, not specially benefited and are not assessed.
In the event that the annual assessment from a previous fiscal year for property in District
AD07-03 is delinquent and uncollected, the budget for the new fiscal year may be
increased by the amount of delinquent assessment, and the total budget, including the
delinquent assessments, may be allocated to all other non-delinquent. Any increase in the
assessment on other properties in District AD07-03 resulting from such delinquent
assessments, or the annual CPI adjustment, will be considered authorized increases in the
assessment and shall not require additional approval by property owners through a mailed
assessment ballot proceeding, pursuant to Article XIIID of the California Constitution.
CITY OF MOORPARK
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT NO.AD 07-03 ConsultingGroup
ENGINEERS REPORT,FY 2007-08
PAGE 9
The assessment is subject to an annual adjustment tied to the Consumer Price Index for
the Los Angeles Area as of December of each succeeding year (the CPI). In the event
that the actual assessment rate for any given year is not increased by an amount equal to
the CPI change, any such deferred assessment increase may be added to the total
amount assessed in any subsequent year. In such event, the maximum authorized
assessment amount shall be equal to the base year assessment as adjusted by the
increase to the CPI, plus any and all CPI adjustments deferred in any and all prior years. In
addition, the annual adjustment may be increased due to delinquent assessments on
property in District AD07-03 as specified above. Including the authorized annual
adjustment, the maximum fiscal year 2007-08 assessment rate per equivalent dwelling unit
is $3,982.24. The proposed fiscal year 2007-08 assessment rate per equivalent dwelling
unit is $88.49.
APPEALS AND INTERPRETATION
Any property owner who feels that the assessment levied on the subject property is in error
as a result of incorrect information being used to apply the foregoing method of
assessment, may file a written appeal with the Director of Public Works or her or his
designee. Any such appeal is limited to correction of an assessment during the then
current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal,
the Director of Public Works or his or her designee will promptly review the appeal and any
information provided by the property owner. If the Director of Public Works or her or his
designee finds that the assessment should be modified, the appropriate changes shall be
made to the assessment roll. If any such changes are approved after the assessment roll
has been filed with the County for collection, the Director of Public Works or his or her
designee is authorized to refund to the property owner the amount of any approved
reduction. Any property owner who disagrees with the decision of the Director of Public
Works or her or his designee, may refer their appeal to the City Council of the City of
Moorpark and the decision of the City Council of the City of Moorpark shall be final.
CITY OF MOORPARK
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT N0.AD 07-03 ConsultingGroup
ENGINEER'S REPORT,FY 2007-08
PAGE 10
ASSESSMENT
WHEREAS, the City Council of the City of Moorpark, County of Ventura,
California, pursuant to the provisions of the Landscaping and Lighting Act of 1972 and
Article XIIID of the California Constitution (collectively "the Act"), adopted its Resolution
Initiating Proceedings For the Formation of Moorpark Landscaping and Lighting
Maintenance Assessment District No. AD-07-03;
WHEREAS, said Resolution directed the undersigned Engineer of Work to
prepare and file a report presenting an estimate of costs, a diagram for the assessment
district and an assessment of the estimated costs of the improvements upon all
assessable parcels within the assessment district, to which Resolution and the description
of said proposed improvements therein contained, reference is hereby made for further
particulars;
NOW, THEREFORE, the undersigned, by virtue of the power vested in me under
said Act and the order of the City Council of said City of Moorpark, hereby make the
following assessment to cover the portion of the estimated cost of said improvements, and
the costs and expenses incidental thereto to be paid by the assessment district.
The amount to be paid for said improvements and the expense incidental thereto,
to be paid by the City of Moorpark Landscaping and Lighting Maintenance Assessment
District No. AD07-03 for the fiscal year 2007-08 is generally as follows:
SUMMARY COST ESTIMATE
F.Y. 2007-08
Budget
Operation&Administrative Costs $1,019.46
Total Levy to Budget $1,019.46
As required by the Act, an Assessment Diagram is hereto attached and made a
part hereof showing the exterior boundaries of said City of Moorpark Landscaping and
Lighting Maintenance Assessment District No. AD07-03. The distinctive number of each
parcel or lot of land in the said City of Moorpark Landscaping and Lighting Maintenance
Assessment District No. AD07-03 is its Assessor Parcel Number appearing on the
Assessment Roll.
CITY OF MOORPARK -
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT N0.AD 07-03 '3""lConsultingGroup
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PAGE 11
And I do hereby assess and apportion said net amount of the cost and expenses
of said improvements, including the costs and expenses incident thereto, upon the parcels
and lots of land within said City of Moorpark Landscaping and Lighting Maintenance
Assessment District No. AD07-03, in accordance with the special benefits to be received
by each parcel or lot, from the improvements, and more particularly set forth in the Cost
Estimate and Method of Assessment hereto attached and by reference made a part
hereof.
The assessment is made upon the parcels or lots of land within the City of
Moorpark Landscaping and Lighting Maintenance Assessment District No. AD07-03 in
proportion to the special benefits to be received by the parcels or lots of land, from said
improvements.
The assessment is subject to an annual adjustment tied to the Consumer Price
Index for the Los Angeles Area as of December of each succeeding year (the CPI). In the
event that the actual assessment rate for any given year is not increased by an amount
equal to the CPI change, any such deferred assessment increase may be added to the
total amount assessed in any subsequent year. In such event, the maximum authorized
assessment amount shall be equal to the base year assessment as adjusted by the
increase to the CPI, plus any and all CPI adjustments deferred in any and all prior years. In
addition, the annual adjustment may be increased due to delinquent assessments on
property in District AD07-03 as specified in the Assessment Apportionment section of this
Engineer's Report.
Each parcel or lot of land is described in the Assessment Roll by reference to its
parcel number as shown on the Assessor's Maps of the County of Ventura for the fiscal
year 2007-08. For a more particular description of said property, reference is hereby made
to the deeds and maps on file and of record in the office of the County Recorder of said
County.
I hereby place opposite the Assessor Parcel Number for each parcel or lot within
the Assessment Roll, the amount of the assessment for the fiscal year 2007-08 for each
parcel or lot of land within the said City of Moorpark Landscaping and Lighting
Maintenance Assessment District No. AD07-03.
Dated: April 11, 2007
Engineer of Work
t.
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By
John iss License No. C52091
CITY OF MOORPARK �. �f"
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT N0.AD 07-03 :ConsultingGroup
ENGINEERS REPORT,FY 2007-08
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FILED IN THE OFFICE OF THE CITY CLERK OF THE
CITY OF MOORPARK,COUNTY OF VENTURA,
CALIFO/1RNIA �•
THIS �DAY OF � G(h e 2007.
CITY CLERK
RECORDED IN THE OFFICE OF THE DIRECTOR
OF PUBLIC WORKS OF THE CITY OF MOORPA K
COUNTY OF VENJJJRA,CALIFORNIA,THIS (i�l� District Location
DAY OF _j IL A-1— 2007.
DIRECTOR OF PUBLIC WORKS
AN ASSESSMENT WAS CONFIRMED AND
LEVIED BY THE CITY COUNCIL OF THE CITY OF FILED THIS DAY OF
MOORPARK ON THE LOTS,PIECES AND PARCELS 2007,AT THE HOUR OF O'CLOCK
OF LAN ON THIS ASSESSME�IT DIAGRAM ON THE _. M. IN THE OFFICE OF THE COUNTY
DAY OF Jime— 2007 AUDITOR OF THE COUNTY OF VENTURA,
FOR FISCAL YEAR 2007-08 AND SAID ASSESSMENT STATE OF CALIFORNIA,AT THE REQUEST OF
DIAGRAM AND THE ASSESSMENT ROLL FOR SAID THE CITY OF MOORPARK CITY COUNCIL.
FISCAL YEAR WERE FILED IN THE OFFICE OF THE
COUNTY AUDITOR OF THE COUNTY OF VENTURA ON
THE DAY OF COUNTY AUDITOR,COUNTY OF VENTURA
2007.REFERENCE IS HEREBY MADE TO SAID
RECORDED ASSESSMENT ROLL FOR THE EXACT Note:
AMOUNT OF EACH ASSESSMENT LEVIED AGAINST REFERENCE IS HEREBY MADE TO THE MAPS AND DEEDS
EACH PARCEL OF LAND. OF RECORD IN THE OFFICE OF THE ASSESSOR OF THE
COUNTY OF VENTURA FOR A DETAILED DESCRIPTION OF
THE LINES AND DIMENSIONS OF ANY PARCELS SHOWN
HEREIN. THOSE MAPS SHALL GOVERN FOR ALL DETAILS
CITY CLERK CONCERNING THE LINES AND DIMENSIONS OF SUCH PARCELS.
EACH PARCEL IS IDENTIFIED IN SAID MAPS BY ITS DISTINCTIVE
ASSESSOR'S PARCEL NUMBER.
CITY OF MOORPARK LANDSCAPING AND LIGHTING
SCI Consulting Group �,__; AD07-03 Boundary
4745 Mangels Blvd Parcels MAINTENANCE ASSESSMENT DISTRICT NO. AD07-03
Fairfield, CA 94534 0 ASSESSMENT DIAGRAM
PAGE 13
APPENDIX A- 1972 ACT APPLICATION
The Landscaping and Lighting Maintenance Assessment District, through the Act, would
collect special benefit assessments and provide funding for the installation, maintenance
and servicing of landscaping features within the District. The assessments are levied on
the basis of benefit and are considered an assessment, not a tax. Pertinent excerpts from
the Act are included below.
§22500 Short Title
This part shall be known and may be cited as the "Landscaping and
Lighting Act of 1972."
§22503 Assessment district; benefited territory
An assessment district shall consist of all territory which, as determined by
the legislative body, will be benefited by the improvements and is to be
assessed to pay the costs thereof.
§22504 Assessment District; territory within local agency
An assessment district may consist of all or any part of the territory within
the local agency and, in the case of a county, may consist of all or any
part of the unincorporated territory of the county.
§22505 Assessment district; contiguous or non-contiguous territory
An assessment district may consist of contiguous or non-contiguous
areas. The improvement in one area need not be of benefit to other
areas.
§22523 Engineer
"Engineer"means the city engineer, county engineer,engineer of the district,
or any person designated by the legislative body as the engineer for the purposes of
this part,including officer, board, or employee of the local agency or any private
person or firm specially employed by the Local agency as engineer for the purposes
of this part. (Revised by Article X111D of the California Constitution)
CITY OF MOORPARK �—
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ENGINEERS REPORT,FY 2007-08
PAGE 14
§22525 Improvement
"Improvement" means one or any combination of the following:
(a) The installation of planting or landscaping.
(b) The installation or construction of statuary, fountains, or other
ornamental structures and facilities.
(c) The installation or construction of public lighting facilities, including, but
not limited to, traffic signals.
(d) The installation or construction of any facilities which are appurtenant
to and of the foregoing or which are necessary or convenient for the
maintenance or servicing thereof, including, but not limited to, grading,
clearing, removal of debris, the installation or construction of curbs,
gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or
electrical facilities.
(e) The installation of park or recreational improvements, including but not
limited to all of the following:
(1) Land preparation, such as grading, leveling, cutting and filling
sod landscaping, irrigation systems, sidewalks, and drainage.
(2) Lights, playground equipment, play courts, and public
restrooms.
(f) The maintenance or servicing or both, of any of the foregoing.
(g) The acquisition of land for park, recreational or open-space purposes.
(h) The acquisition of any existing improvement otherwise authorized
pursuant to this section.
§22569 Estimates of costs; content
The estimate of the costs of the improvements for the fiscal year shall
contain estimates for all of the following:
(a) The total costs for improvements to be made that year, being the total
costs of constructing or installing all proposed improvements and of
maintaining and servicing all existing and proposed improvements,
including all incidental expenses. This may include a reserve which shall
CITY OF MOORPARK -
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT NO.AD 07-03 u ,ConsultingGroup
ENGINEERS REPORT,FY 2007-08
PAGE 15
not exceed the estimated costs of maintenance and servicing to
December 10 of the fiscal year, or whenever the city expects to receive its
apportionment of special assessments and tax collections from the
county, whichever is later.
(b) The amount of any surplus or deficit in the improvement fund to be
carried over from a previous fiscal year.
(c) The amount of any contributions to be made from sources other than
assessments levied pursuant to this chapter.
(d) The amount, if any, of the annual installment for the fiscal year where
the legislative body has ordered an assessment for the estimated cost of
any improvements to be levied and collected in annual installments.
(e) The net amount to be assessed upon assessable lands within the
assessment district, being the total improvement costs, as referred to in
subdivision (a), increased or decreased, as the case may be, by any of
the amounts referred to in subdivision (b), (c), or(d).
§22573 Net amount; apportionment
The net amount to be assessed upon lands within an assessment district
may be apportioned by any formula or method which fairly distributes the
net amount among all assessable lots or parcels in proportion to the
estimated benefits to be received by each such lot or parcel from the
improvements.
The determination of whether or not a lot or parcel will benefit from the
improvements shall be made pursuant to the Improvement Act of 1911
Division 7 (commencing with Section 5000).
§22574 Classification into zones
The diagram and assessment may classify various areas within an
assessment district into different zones where, by reason of variations in
the nature, location, and extent of the improvements, the various areas
will receive differing degrees of benefit from the improvements. A zone
shall consist of all territory that will receive substantially the same degree
of benefit from the improvements.
§22605 Authority of Legislative Bodies
CITY OF iOORPARK
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT NO.AD 07-03 ConsultingGroup
ENGINEER'S REPORT,FY 2007-08
PAGE 16
The Legislative body, either in a single proceeding or by separate
proceedings, may order one or any combination of the following changes
of organization:
(a) The annexation of territory to an existing assessment district formed
under this part.
(b) The detachment of territory from an existing assessment district
formed under this part.
(c) The dissolution of an existing assessment district formed under this
part.
(d) The consolidation into a single assessment district formed under this
part any combination of two or more of any of the following:
(1)An existing assessment district formed pursuant to this part.
(2) An existing lighting, street lighting, maintenance, or tree
planting district formed pursuant to Chapter 26 (commencing with
Section 5820)of Part 3 of Division 14, or Part 1 (commencing
with Section 18000), Part 2 (commencing with Section 18300),
Part 3 (commencing with Section 18600), or Part 4 (commencing
with Section 19000) of Division 14, or Part 1 (commencing with
Section 22000) of this division, or pursuant to any procedural
ordinance adopted by a charter city.
(e) The legislative body shall not, by annexation, detachment, dissolution,
or consolidation, alter the obligation of property owners to pay the
principal of, and interest on, bonded debt or notes issued pursuant to
Section 22662.5. This section does not prevent the lawful refunding of the
bonded debt or notes or the apportionment of assessments upon the
division of properties assessed.
CITY OF MOORPARK `
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT N0.AD 07-03 ConsultingGroup
ENGINEERS REPORT,FY 2007-08
PAGE 17
APPENDIX B—ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION
(Proposition 218)
Proposition 218 was approved by voters as a Constitutional Amendment on November 6,
1996. It became Article XIIIC and Article XIIID of the California State Constitution and has
imposed additional requirements for assessment districts. Following is a summary of the
Article.
CALIFORNIA CONSTITUTION ARTICLE 13D
(ASSESSMENT AND PROPERTY-RELATED FEE REFORM)
SECTION 1. Application. Notwithstanding any other provision of law, the provisions of this
article shall apply to all assessments, fees and charges, whether imposed pursuant to
state statute or local government charter authority. Nothing in this article or Article XIIIC
shall be construed to:
(a) Provide any new authority to any agency to impose a tax, assessment, fee, or
charge.
(b) Affect existing laws relating to the imposition of fees or charges as a condition of
property development.
(c) Affect existing laws relating to the imposition of timber yield taxes.
CALIFORNIA CONSTITUTION ARTICLE 13D
(ASSESSMENT AND PROPERTY-RELATED FEE REFORM)
SEC. 2. Definitions.
As used in this article:
(a) "Agency" means any local government as defined in subdivision (b) of Section 1 of
Article XIIIC.
(b) "Assessment" means any levy or charge upon real property by an agency for a
special benefit conferred upon the real property. "Assessment" includes, but is not
limited to, "special assessment," "benefit assessment," "maintenance assessment"
and "special assessment tax."
(c) "Capital cost" means the cost of acquisition, installation, construction,
reconstruction, or replacement of a permanent public improvement by an agency.
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(d) "District" means an area determined by an agency to contain all parcels which will
receive a special benefit from a proposed public improvement or property-related
service.
(e) "Fee" or"charge" means any levy other than an ad valorem tax, a special tax, or an
assessment, imposed by an agency upon a parcel or upon a person as an incident
of property ownership, including a user fee or charge for a property related
service.
(f) "Maintenance and operation expenses" means the cost of rent, repair, replacement,
rehabilitation,fuel, power, electrical current, care, and supervision necessary to
properly operate and maintain a permanent public improvement.
(g) "Property ownership" shall be deemed to include tenancies of real property where
tenants are directly liable to pay the assessment, fee, or charge in question.
(h) "Property-related service" means a public service having a direct relationship to
property ownership.
(i) "Special benefit" means a particular and distinct benefit over and above general
benefits conferred on real property located in the district or to the public at large.
General enhancement of property value does not constitute "special benefit."
CALIFORNIA CONSTITUTION ARTICLE 13D
(ASSESSMENT AND PROPERTY-RELATED FEE REFORM)
SEC. 3. Property Taxes, Assessments, Fees and Charges Limited.
(a) No tax, assessment, fee, or charge shall be assessed by any agency upon any
parcel of property or upon any person as an incident of property ownership except;
(1) The ad valorem property tax imposed pursuant to Article XIII and Article XIIIA.
(2)Any special tax receiving a two-thirds vote pursuant to Section 4 of Article
X11 IA. (3) Assessments as provided by this article. (4) Fees or charges for property
related services as provided by this article.
(b) For purposes of this article, fees for the provision of electrical or gas service shall
not be deemed charges or fees imposed as an incident of property ownership.
CALIFORNIA CONSTITUTION ARTICLE 13D
(ASSESSMENT AND PROPERTY-RELATED FEE REFORM)
SEC. 4. Procedures and Requirements for All Assessments.
(a) An agency which proposes to levy an assessment shall identify all parcels which
will have a special benefit conferred upon them and upon which an assessment
will be imposed. The proportionate special benefit derived by each identified parcel
CITY OF MOORPARK
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PAGE 19
shall be determined in relationship to the entirety of the capital cost of a public
improvement, the maintenance and operation expenses of a public improvement,
or the cost of the property related service being provided. No assessment shall be
imposed on any parcel which exceeds the reasonable cost of the proportional
special benefit conferred on that parcel. Only special benefits are assessable, and
an agency shall separate the general benefits from the special benefits conferred
on a parcel. Parcels within a district that are owned or used by any agency, the
State of California or the United States shall not be exempt from assessment
unless the agency can demonstrate by clear and convincing evidence that those
publicly owned parcels in fact receive no special benefit.
(b) All assessments shall be supported by a detailed engineer's report prepared by a
registered professional engineer certified by the State of California.
(c) The amount of the proposed assessment for each identified parcel shall be
calculated and the record owner of each parcel shall be given written notice by
mail of the proposed assessment, the total amount thereof chargeable to the entire
district, the amount chargeable to the owner's particular parcel, the duration of the
payments, the reason for the assessment and the basis upon which the amount of
the proposed assessment was calculated, together with the date, time, and
location of a public hearing on the proposed assessment. Each notice shall also
include, in a conspicuous place thereon, a summary of the procedures applicable
to the completion, return, and tabulation of the ballots required pursuant to
subdivision (d), including a disclosure statement that the existence of a majority
protest, as defined in subdivision (e), will result in the assessment not being
imposed.
(d) Each notice mailed to owners of identified parcels within the district pursuant to
subdivision (c) shall contain a ballot which includes the agency's address for
receipt of the ballot once completed by any owner receiving the notice whereby
the owner may indicate his or her name, reasonable identification of the parcel,
and his or her support or opposition to the proposed assessment.
(e) The agency shall conduct a public hearing upon the proposed assessment not
less than 45 days after mailing the notice of the proposed assessment to record
owners of each identified parcel. At the public hearing, the agency shall consider all
protests against the proposed assessment and tabulate the ballots. The agency shall
not impose an assessment if there is a majority protest. A majority protest exists if,
upon the conclusion of the hearing, ballots submitted in opposition to the assessment
exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the
ballots shall be weighted according to the proportional financial obligation of the
affected property.
(f) In any legal action contesting the validity of any assessment, the burden shall be
on the agency to demonstrate that the property or properties in question receive a
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PAGE 20
special benefit over and above the benefits conferred on the public at large and
that the amount of any contested assessment is proportional to, and no greater
than, the benefits conferred on the property or properties in question.
(g) Because only special benefits are assessable, electors residing within the district
who do not own property within the district shall not be deemed under this
Constitution to have been deprived of the right to vote for any assessment. If a
court determines that the Constitution of the United States or other federal law
requires otherwise, the assessment shall not be imposed unless approved by a
two-thirds vote of the electorate in the district in addition to being approved by the
property owners as required by subdivision (e).
CALIFORNIA CONSTITUTION ARTICLE 13D
(ASSESSMENT AND PROPERTY-RELATED FEE REFORM)
SEC. 5. Effective Date.
Pursuant to subdivision (a) of Section 10 of Article II, 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.
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APPENDIX C -2007-08 ASSESSMENT ROLL
Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest
County Assessor records and these records are, by reference made part of this report.
These records shall govern for all details concerning the description of the lots or parcels.
Assessor's Parcel No. Owner Name SFE's Assessment
512-0-350-04 VILLAGE AT MOORPARK LLC 11.52 $1,019.46
CITY OF MOORPARK
CITY OF MOORPARK LANDSCAPING&LIGHTING ASSESSMENT DISTRICT N0.AD 07-03 '!ConsultingGroup
ENGINEERS REPORT,FY 2007-08