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AGENDA REPORT 2001 0718 CC REG ITEM 09A
ITEM �• CITY OF MOI R_ZA -R , CALTFOR IA City Council �Ieed ff of a0E>t ACTION: - }FVroved x:'641' -ecorn rn Iviiii mirnorct'1C-V1e�&5 +C) Onnaneer'S R� ort � eso - cool -lS oS r MOORPARK CITY COUNCIL AGENDA REPORT TO: The Honorable City Council ?0— FROM: Kenneth C. Gilbert, Director of Public Works DATE: June 29, 2001 (CC Meeting 7- 18 -01) SUBJECT: Consider Final Review and Changes to the Engineer's Report for Assessment District AD 84 -2 and Adoption of a Resolution Confirming the Assessments for Fiscal Year 2001/2002 EXECUTIVE SUMMARY This presents for approval a Resolution making changes, if any, to the Engineer's Report for Assessment District AD84 -2 and confirming the assessments for Fiscal Year 2001/02. 16100 IifX�re A. Background In 1984, a Landscaping & Lighting Maintenance Assessment District (AD 84 -2) was created to fund costs associated with street lighting and the maintenance of various landscaped areas in the City. This was a successor to the District enacted by the County of Ventura prior to the incorporation of the City. B. Annual Review As part of the annual budget process, the City Council considers whether or not to renew the subject Assessment District and levy assessments for street lighting and landscaping maintenance for the upcoming fiscal year. '° 10001 Ad 84_01- 02_approve 1'1 AD 84 -2: Engineer's Report June 29, 2001 Page 2 C. Resolution of Intent On January 3, 2001, the City Council adopted Resolution No. 2001 -1802 stating the intent of the City Council to initiate the process required for the continuation of the subject assessment district for the Fiscal Year 2001/02. That action also approved the selection of the Assessment Engineer and directed the preparation of the subject Engineer's Report. D. Engineer's Report / Public Hearing On June 20, 2001, the City Council adopted Resolution No. 2001- 1860 approving the Engineer's Report (Exhibit 1) for AD84 -2 for FY2001/02. That Resolution also set July 18, 2001, as the date of a public hearing to consider the levy of the assessment provided for in said Engineer's Report. Notice of said public hearing has been posted and published as required by law. E. Improvements to be Maintained The improvements and maintenance funded by the AD84 -2 assessment in past years are generally described as follows: 1. Street Lighting: Street lighting energy and maintenance costs are funded by the street lighting component of the assessment. 2. Citywide Landscape Maintenance: The maintenance of certain designated parkways and medians is funded by the Citywide landscaping component of the assessment. 3. Zones of Benefit:. The maintenance of certain designated landscaped areas is funded by assessments levied upon lots within certain Zones of Benefit. A list of all of the Zones of Benefit is as follows: Zone Description 1 Pecan Avenue [T -2851] 2 Steeple Hill Area [T -2865] 3 Buttercreek /Peppermill [T -3032] 4 Williams Ranch Rd [T -3274] 5 Pheasant Run Area [T -3019 & T -3525] 6 Inglewood St. [T -3306] 7 Moorpark Business Park (L. A. Ave & Gabbert) 8 Home Acres Buffer 9 Moorpark Industrial Park (Condor Drive) 10 Mountain Meadows (PC -3) 11 Alyssas Ct.'[T -4174] 12 Carlsberg Specific Plan Area Ad84_01- 2_approve 000002 AD 84 -2: Engineer's Report June 29, 2001 Page 3 4. Zone 2 Improvements:. In addition to the zone maintenance assessments, the lots within Zone 2 have, in past years, had $10 of the assessment per lot set aside for a project to construct parkway landscaping on the north side of Tierra Rejada Road, east and west of Southhampton Road. That project is scheduled to be constructed this year. F. FY 2000/01 Assessment Amounts The assessment amounts for last year [FY 2000/20011 are summarized as follows: - ................... -- .............. -- ............ -- ................. .--- ..._..................._._. -_. _._._ ................... _ ...... ._._.... - - ............ :................. Total :Without -•-...---- .... -.......... --_-_........ ....- ........... ._ .......... .__ Basin Maint ........... - - -_ ._...-_.. .---- .-------- ._._._........_.. With Basin Maint. Description .................... Assmnt ($) _ ......-_--........._...-,.-__....... Number .....___. ........ _ ............ - :...... Amnt .__._(..$.)__._:........Number Amnt ($) .... ...........-------------- - - - - -- CITYWIDE ._._.... -- ._....... _....-----......._.......----._...._.........----- ..... ...:..................._._._... ......... ............................... - ................_._ _...._._.__........--- .._...-- .- •---- ............._._. - -- -- -_--_---------- --- -- ---- - Street. Lighting._......._.... - ._._..._;._...._._...._217, 132....- �.0...... _ - ............_.__._ ............. 20.84....:... - -- -- - ---- ................. .__._..._.._ ........._.........._...._....- -- - -- __._......... Landscaping......... . . ............... _._._._159 _$.0.3... -._ _0..._ ...... ----- ._............. - ... , -- ._...._13.._ 8._. ..----- .............----- ...... ...._...._......._ ..................... ---- .............. Sub- Total ..... .:......._._.__376.x__9.3.5.... 00._ .----- ...._.........._....- - -- .......- ._........._34..:_03.... ---._..........--------------- ......... _ ............. _ ................ _ .......... _ _ ZONES -- ._._....... - -- ._.... ---- ............ -- .................. --- ................... ;.----------._._..... ............................ - -- - ._ ............. -.... - -- ..... .......... . _._............._..._._ .............. ;... . .... _ .... _ ....... _ .................................. _..; ;... _1_ .- ........._ Tract 2852 ......... - -- ._. ........._...._..------ ......_- 9..,.._ _Q_2. 00 ' .._._...._. .... .............__Z5......_..- ._.__........._12 9.: 3 6 _..........-----._.........._..........._._._._._._...._ ._............................. 2; Tract 2865 - -- 73,839.00 ...__._....- - ......_.... - - .._ 574: ...................... -- ............ - -- 116.46: ._....... - ......... - ._.... -- 48 145.64 ..._......... ._._._......._._._. - -- - - - ......................_.., -- 3._...._...._._Tract 3032 ........._._._._.______._.... .._......- 3 ..�._0.�_9_:00__.. -. 265 11.62 - .._... --..........__,._. ......... -- ..................... -- -- .............. Tract. 3274 °.__._._...._._....- 0. 0_._. ..................._.- ._._12 9..._ . 49.48 - _4._ ........_._ - 5: Tracts 3019/3025.... ..._6..x._3.8.3. _.- 23, 840.00 142 .......... - .._.__._ .- ....... -._: 107.56 ........... ....... 75 114.22 -- ...._.... -- - -. _._._._._...._._.............., 6: Tract 3306 -- ._.........._...._._._._ __._..__._ 924.00; ................ .. .._....................... 22 -.... - -- ._.......... 42.00' ._...._... .......... .........-.__:........ - ...--- ._..................._._. - - - -- -- ._._._._ .... _ .............. ; L._. A @_..: Gabbe rt ............._.... 9.0...94 .15 123.15 --- .7..:.._..._ _._ ._... -$_ . Buffer [C . tY�......._......_....---._ .. ..............................7 -11,298.00 - _.......:._. 621 .:..5.0..................._.... _A - ._..__..._.......... -_- ._492.. _._.......... - ....... _.._ _15__4.0__. .... _ .... --- . ................... _._._ ---------- _._......................... _. _ .... --- ............. _ ... . -- -- - -- Buffer Home Acres .... _....... -- ._....... -- ._.... -- ._.......... -- ....- ....... 7,621.50 - - - -- - ._ .................._....... 201: - --- ..............._._._ __...._...._._.__._....... 37.68: -- - ....................... _ 9: Condor Drive __._._._....... -- ._...._.... -- -- ._...._.... - -- ._...._....... - - :._. 1,350_;0.0: ........................ 49.21 A ---- _._............- 27.43: _ -- .......................... ... - .- - - - -- - ...._._ .... _ ............. _..; _ ............ .-- _._ ....... _ ............. ...... _ .... _ ............. _ .... _. 10: _Mt Meadows _ 5...._ P...._.____.__. _._ ................_z_0_l._r.._ 532 ._0_._.s.........._......._._l, ___...._....... 779 __.-._. 76.54 ..._._.__._.........__ ......... - 669: 87.38 .............. ._......._.........._..; - - -._._._ ._._._..................._._.., ._ ............. - -- ...._._.__Comm_ Property- ._...._..............._.... - -- ._._._...._.. .............................11 _8.1...: -A._ _._._..:._._._615_:..? ....... ------- ...._........... - -- - - - -- ........ 11: Tract 4174 ...................._._.__3 , 04 0 ._ 0. 0................_._.____. _..._........._9-- _-- ._...._.__ 3 3 7 _7 8__..... ...._.____....... 12: Carlsberg ..... --- ._._.........._. -- .. .......:................_238, 467...-_0.0......:....... - - -- .__-_ __.-__- __._._._._.............. -- ._._........... - -- - -...- ------- ._._...... Residential ** 538: 400.53 -- ._._.... -- ._._.... -- ._._.... -- ._.... ..........._......:.....- Comm. / Indust . -- -- ._._....... -- ._._......_._._.__._._....... -- -- ._........._. --- ._.._...- ........ ........................_._.... - - -- ._._._ ..... ..........................._._9 -- .......... 8 : 7_9._.._A _ _._......._.__14 - ...... ._.__._......_._.._._.;........ 5 :_0_l_. .- ._............... - ------ - - - - -- - -- - Institutional. - ..._._..._......._._._._.... - - 6.63....._A__...:.._1,305.53 -. -- ---------------------- ....... - -Sub _total All Zones_..._......._....__589, - - 66_x......0.0......:. .....---- - - - -_.. _._._ -_ _._.__._. _. _._.__. _.... - _...:........ _.___ ......... __ ............. __ __._.......- - - -- - -- ...._._.... - - -- .- _....... __._.........._..._-------- .__._._._._.---- ___------------ .......... _ .... .. -- ............. -- .............. --- ................ - _ ................ . -- ._._ ...................._._.... ............. .----- .......... --- ....... - .......... - Total... ._ :..................9.66,.6.0 - -- -- ._._._......._........... - 2....._0.0......;. - - - - - - - ............ - - -- ----- ._._._... _ ...... . ................................. ** Includes Public Property EDUs G. Assessment Ceiling The assessment amounts for Citywide Lighting and Landscape Maintenance, and for Zones 1 through 11, may not be increased. Such an action could not occur without first seeking approval of a mail ballot pursuant to the requirements of Proposition 218. Ad84_01- 2_approve > 90003 AD 84 -2: Engineer's Report June 29, 2001 Page 4 H. Zone 12 Cost of Livinq Adjustments The Zone 12 assessment for FY 2001/02 includes a cost -of- living increase as provided for in the Engineer's Report. The amounts of the adjusted Zone 12 assessments for FY 2001/2 are summarized as follows: .---- ............. --- ............ -_ .............. -- ................. -.- ................... -- ........................... ,...... - - -- -- .......................................... -- .......... .............. FY 2000/01 -- ............:.. - . - .......... , ............. ---._._.......2......................1.. ............................... FY 002 : :Description Assessment: Adjustment' Assessment; Comm. / Indus.._._.......... ---- ._ ................ - - -- 139.84/ac.............. 5.1.7._._._.......... 145.01 /ac.... -- ._.......... -._ ...- .-__ ............... ......... ..........._.... ... Total Assessment _.------ ....................................... - -- ._._....... _............._.- 13,814.79; _...- .- ....... _............_..__.......... 1 5 1 - .........._.__......._. _._ .151 .............. - - -- .._.................._....... ........._...... 94.. 14,325 .................. ....-_-._._._ ....... -__- ............. ..-_-._ ................ --_. ................ --- ........................ . -. Institutional - -- ... ....................................... ---- ...... .................. 1,258.95; --- ................ - ............ _ ............ --.......... ................... 46.58; ---._ ............................. ....._....................... 1,305.53: __._........... ._._ ............. -- - ............._...._._----------._._... Total Assessment. ......................- .- - - - - -- ._.._...,....... 8,346.84; - - ._......: - ._......._.:__._._.......... 308.83: - .-......._._...._...... ......................_._._._.: 8,655.67 __ ...._._........... --............ ----.......__-__-.. .......... ..---_- .......... _ .... -----._ ................... _........... Residential .-- .......................................... - -- ....._....... 386.24 _................--- .......... . -=---- 14._29 ............. - - -_ 400.53 -- .Total Assessment 797.12 -- 7, 688.49 `- T 215, 485.61 - __ .............------._._....------._.......----._..........-----_........._....-----.......................................---_-.__............................._..---------.;._....... :TOTAL ZONE ASSESSMENT 229,958.75; .......- _- ._............. -._... _._.__.......... ._........-- 8,508.47: ._............. - - -- .... - - - -. 238,467.22: Note: The above cost -of- living adjustment is based upon an increase to the Consumer Price Index (CPI) for all Urban Consumers for the Los Angeles Metropolitan Area, for the calendar year ending Dec. 2000, in the amount of 3.7% [167.3 > 173.51. It should be noted that the Engineer's Report provides that any deferred cost -of- living increase may be added to the amount of the assessment for any subsequent Fiscal Year. I. Street Lighting Cost Increase Due to the recent increase in electrical energy costs, the cost of street lighting is expected to increase 7% during Fiscal Year 2000/01 and another 12% during Fiscal Year 2001/02. For this reason the small amount of reserve in this fund will be depleted. It is anticipated that the fund balance for the Street Lighting Fund [Fund 2300 -31001 will show a negative amount of approximately $28,000 by June 30, 2002. It is not recommended at this time that there be any action taken to provide for "fill -in" funding from another source for this anticipated shortfall. Such action can be taken, if necessary, at or near the end of Fiscal Year 2001/2002. Ad84_01- 2_approve AD 84 -2: Engineer's Report June 29, 2001 Page 5 ' A summary of recent increases to the monthly street lighting costs is set forth as follows: Billing Period Lamp Chg ($) Energy Chg ($) Total ($) Increase Decmber 2000 13,000 4,191.89 17,191.89 January 2001 13,000 5,023.45 18,023.45 4.84% April 2001 13,000 7,518.13 20,518.13 13.84% A summary of projected annual street lighting cost increases is set forth as follows: Period Lamp Chg ($) Energy Chg ($) Total ($) Increase FY 199912000 156,000 50,302.68 206,302.68 FY 2000/2001 156,000 65,270.46 221,270.46 7.26% FY2001/2002 156,000 90,217.56 246,217.56 11.27% J. Changes to Engineer's Report As stated earlier, on June 20 the City Council preliminarily approved the subject Engineer's Report. Consistent with the provision of the "Landscaping and Lighting Act of 1972" (Streets and Highways Code), the City Council may make changes to the Engineer's Report at any time prior to the confirmation of the annual assessments provided for in said report The Engineer's Report attached to this staff report as Exhibit 1, has been revised from the report approved on June 20, by adding a footnote to the budget chart on page 7, to show the amount of the single- family residential assessment for Citywide Landscape maintenance. No other changes have been made to the Engineer's Report. K. Public Heari The "Landscaping and Lighting Act of 1972" (Streets and Highways Code) requires a public hearing to be held prior to the annual levy of assessments for the purpose of receiving input and to hear any protests to the proposed assessments. Per Resolution No. 2001 -1860, the public hearing to consider the levy of the AD84 -2 assessments for FY2001 /02 was set for July 18, 2001. A copy of Resolution No. 2001 -1860, which served as the public hearing notice, has been published and posted in accordance with the requirements of law. L. Resolution Attached as Exhibit 2 is a Resolution making certain changes to the Engineer's Report and confirming the assessments for Fiscal Year 2001/02. Ad84_01- 2_approve 0 0 0 AD 84 -2: Engineer's Report June 29, 2001 Page 6 L. Resolution Attached as Exhibit 2 is a Resolution making certain changes to the Engineer's Report and confirming the assessments for Fiscal Year 2001/02. STAFF RECOMMENDATION It is the recommendation of staff that the City Council open the public hearing, receive testimony, close the public hearing, and then take the following actions: 1. Approve the changes to the Engineer's Report summarized in Section J of this staff report. 2. Adopt Resolution No. 2001- (Exhibit 2) making certain changes to AD84 -2 and confirming the assessments for Fiscal Year 2001/02. Attachments: Exhibit 1: Engineer's Report Exhibit 2: Resolution Ad84 t'., - d _01- 2_approve C ,� CITY OF MOORPARK Lighting Maintenance Assessment District No. AD84 -2 ENGINEER'S REPORT Fiscal Year 2001 -02 June 2001 (Pursuant to the Landscaping and Lighting Act of 1972 and Article XIIID of the California Constitution) Engineer of Work Shilts Consultants, Inc. 2300 Boynton Avenue, Suite 201 Fairfield, CA 94533 (707) 426 -5016 TABLE OF CONTENTS I. INTRODUCTION ........................................................................................... ............................... 2 II. CERTIFICATES .............................................................................................. ............................... 5 III. PLANS & SPECIFICATIONS ........................................................................ ............................... 6 IV. FISCAL YEAR 2001 -02 ESTIMATE OF COST AND BUDGET ............... ............................... 7 V. METHOD OF APPORTIONMENT ............................................................. ............................... 8 A. METHOD OF APPORTIONMENT ........................................................................ ............................... 8 B. ............. . DISCUSSION OF BENEFIT ............................................... ..............................: ................ 8 C. METHOD OF ASSESSMENT .............................................................................. ............................... 9 D. ASSESSMENT APPORTIONMENT ....................................................................... ..............................9 1. Lighting ..................................................................................................... ..............................9 2. Landscaping ............................................................................................. .............................10 3. Zones of Benefit ...................................................................................... ............................... 11 4. Appeals and Interpretation ..............................................................:...... ............................... 15 VI. ASSESSMENT .................................................................................................. .............................16 VII. APPENDIX A - -1972 ACT APPLICATION ................................................ ............................... 19 VIII. APPENDIX B — ARTICLE XHID OF THE CALIFORNIA CONSTITUTION .................... 23 IX. APPENDIX C - 2001 -02 ASSESSMENT ROLL ......................................... ............................... 28 X. APPENDIX D.- ASSESSMENT DIAGRAM .............................................. ............................... 29 1. INTRODUCTION The City of Moorpark's (the "City ") Lighting Maintenance Assessment District 84 -2 (the "Assessment District ") was formed in 1984 to provide funding for public street lighting and parkway /median landscape maintenance and improvement expenses through the levy of benefit assessments. This Assessment District was formed pursuant to the provisions of the Landscaping and Lighting Act of 1972 (the "Act "). Within the Assessment District, there are two types of assessments, generally described as follows: 1. Citywide Assessments: assessments applied to all parcels within the City that receive benefits. 2. Zone Assessments: assessments applied to properties within certain Zones of Benefit to fund improvements and maintenance services which benefit those properties. Citywide Assessments Within the Assessment District, there are two types of expenses funded by distinct Citywide assessments: 1. Street lighting costs associated with City -owned and Southern California Edison (S.C.E.) owned streetlights distributed to all benefiting properties within City limits. 2. Landscape maintenance costs associated with parkway /median maintenance and improvement distributed to all benefiting properties within City limits. Zone of Benefit Assessments Landscape maintenance, servicing and improvement costs for unique Zones of Benefit are allocated to all benefiting properties within each given zone of benefit. These Zones of Benefit are summarized as follows: 1. Pecan Avenue, Tract No. 2851: Maintenance costs associated with landscaping in the Ventura County Flood Control Easement and portions of the interior tract entry areas. The obligation upon these 75 lots is pursuant to a condition of development. 2. Steeple Hill Area, Tract No. 2865: Cost for maintenance of specific landscaping areas and debris basins within the tract, including landscaping at Christian Barrett & Springs Road; Tierra Rejada landscaping, and Peach Hill Road landscaping on east side between Christian Barrett and Tierra Rejada Roads, and the entry monument sign at Christian Barrett and Spring Road. Also, additional assessment for the improvement of parkway landscaping on the north side of Tierra Rejada Road east and west of Southampton Road. The obligation upon the lots within this tract is pursuant to a condition of development. City of Moorpark Lighting Maintenance Assessment District No. AD84 -2 06108101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 2 ��,> o. JG610 3. Butler Creek/Peppermill, Tract No. 3032: Maintenance costs associated with landscaping an entry monument at Buttercreek Road and Los Angeles Avenue. This cost to be spread to the 265 lots within the tract. 4. Williams Ranch Road Tract No 3274• Maintenance costs associated with landscape areas along Williams Ranch Road parkway adjacent to Peach Hill drain channel and Edison entries within PC -3. This cost will be borne by the 129 lots within the tract. 5. Pheasant Run Area, Tract No. 3019 & 3525: Maintenance costs associated with debris basins and landscaping the Tierra Rejada Road slope and parkway areas and parkway on the west side of Peach Hill Road between Williams Ranch and Tierra Rejada Roads within tract Nos. 3019 and 3525. The cost is to be spread to the 217 lots within the tracts. 6. Inglewood Street, Tract No. 3274: Costs for maintenance of landscape areas within tract 3306 at the westerly terminus of Inglewood Street. The cost is to be spread to the 22 lots within the tract. 7. Moorpark Business Park, Los Angeles Avenue Parkway: Maintenance costs associated with landscaping the parkway on the north side of Los Angeles avenue between Gabbert Road and Shasta Avenue will be borne by all industrial lots northerly of Los Angeles Avenue, southerly of Poindexter Avenue, easterly of Gabbert Road, and westerly of Shasta Avenue. 8. Home Acres Buffer Area: Maintenance costs associated with the buffer area at the west end of the West Ranch area, is to be split 50 -50 between residential properties within the West Ranch area and the area outside the City known as Home Acres. That portion of this zone of Benefit with the City consists of the residential area within Tract 4340, 4341, 4792 and a portion of tract 4342. This area is bounded on the north by the Arroyo Simi, on the east by Tierra by Tierra Rejada Road and the commercial property at the corner of Tierra Rejada Road and Mountain Trail Street, on the south by tracts 4367, 4342 -5 and the City boundary and on the west by the City boundary. 9. Moorpark Industrial Park, Condor Drive: Maintenance costs associated with the parkway located at the northwest corner of Los Angeles Avenue and Virginia Colony Place will be borne by the developed parcels within the Industrial park on Condor Drive (Tract 3492). 10. Mountain Meadows, PC -3: Maintenance costs associated with landscaping and debris basins within this area will be borne by all properties within the Mountain Meadows Planned Community (PC -3). The landscaping to be maintained consists of the Peach Hill Water Linear Park, the slope along the north side of Peach Hill Wash and the downstream flood control facility located just east of Mountain Trail Street and certain parkways on Tierra Rejada Road. 11. Alyssas Court, Tract 4174: Maintenance costs associated with landscaping within this area will be borne by all properties within the tract. City of Moorpark Lighting Maintenance Assessment District No. AD84 -2 06108101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 3 � 12. Carlsberg Specific Plan: Maintenance costs associated with certain landscape improvements as described in the Boundary Map for Zone 12. The cost for the maintenance of these improvements will be borne by all of the properties within Zone 12 as defined in said Boundary Maps and generally described as that area bounded by the Route 23 Freeway, Tierra Rejada Road, Spring Road, the Arroyo Simi and New Los Angeles Avenue. This Engineer's Report ( "Report") was prepared to establish the budget for the capital improvement and services expenditures that would be funded by the proposed 2001 -02 assessments, determine the benefits received from the lighting and landscaping maintenance and improvements by property within the Assessment District and the method of assessment apportionment to lots and parcels within the Assessment District. 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 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 January 3, 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 July 18, 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 Lighting Maintenance Assessment District No. AD84 -2 06108101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Pae 4) ( l (jl j If 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 January 3, 2001. .j - gineer of Work, License No. C51,49 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 Lighting Maintenance Assessment District No. AD84 -2 06108101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 5 601.2 111, PLANS & SPECIFICATIONS The work and improvements proposed to be undertaken by the City of Moorpark Lighting Maintenance Assessment 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 facilities, including but not limited to, street lights, public lighting facilities, landscaping, sprinkler systems, statuary, fountains, other ornamental structures and facilities, landscape corridors, ground cover, shrubs and trees, street frontages, drainage systems, fencing, entry monuments, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, for property owned and maintained by the City of Moorpark. Any plans and specifications for these improvements will be filed with the Public Works Director of the City of Moorpark and are incorporated herein by reference. Installation means the construction of lighting and landscaping improvements, including, but not limited to, land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks and drainage and lights. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including repair, removal or replacement of all or any part of any improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste, and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. Servicing means the furnishing of electric current or energy for the operation or lighting of any improvements, and water for irrigation of any landscaping or the maintenance of any other improvements. City of Moorpark Lighting Maintenance Assessment District No. AD84 -2 06108101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 6 p uI 3 IV. FISCAL YEAR 2001 -02 ESTIMATE OF COST AND BUDGET CITY OF MOORPARK AD 84 -2 Assessment Districts Fiscal Year 2001-02 8449et District /Zane Designation 1 2 3 4 5 6 7 8 9 10 11 12 Account Number 2300.3100 2300.3102 2301.0000 2302.0000 2303.0000 2304.0000 2305.0000 2306.0000 2307.0000 2308.0000 2309_0000 2310.0000 2311.0000 2310.0000 Assessor Fund Number District Description - reet Lighting Landscaping Tract2852 Tract 2865 Tract 3032 /m Ranch Rd Tract 2852 - Tract 330611 @ Gabbert Buffer Condor Dr. ft. Meadows Tract 4174 - Carlsberg Totals -- DIRECT COSTS Salaries & Benefits $0 $25,4 16 $0 $0 $0 $0 $0 - $0 -- $0 $0 - - $0 $0 $0 _- $0-----$25,416 Services &Supplies_ $246 217 $188 7500 $8,060 $59,500 $3,030 $5 180 $32 778 $1,245 - $16,470 $16,000 -- $2,345 $236,175 $1,270 - -- -- $88 500 $905,520 Debris-Basin �enses $0 $D $0 $215 $0 $0 __$215, $0 $0 $0 $0 $3,107 $0 $0 $3,537 Fixed Equipment Expenses - $0 $0 $0 $0- $0 $0 1 $0 $0 $0 $0 $0 $0 $0 $0 Capital Improvement Projects _ -- $0 $0 $0 $34,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 - --so $0 $34,000 Subtotal $246,217 $214,166 - $8,060 $93,715 $3,030 $5,180 $32,993 $1,245 $16,470 $16,000 $2,345 $239,282 $1,270 $88,500 $968,473 Total Expense per Benefit Unit $23.63 $6.03 $107.47 $163.27 $11.43 $40.16 $232.35 $56.59 $179.53 $32.13 $47.64 $134.81 $141.11 $164.50 RESERVE FUND /OTHER CONTRIBUTIONS Contribution to /(from) Reserve Funds - ($29,085) _($54363) $1,642 ($19,876) $49 $1203 - ($9,153 _ x$321) ($5,172) - ($757)- ($995)_($37,750) $1,770 $149,948 ($2,860 Contri bution to /(from) General Fund $0 $0 $D $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 - -86 $0 Contribution to /(from) Capital Improvement $0 $0 $0 $0 1 $0 $0 $0 $0 ` $0 $0 - $0 $D $0 $0 $0 Subtotal - ($29,085) ($54,363) $1,642 ($19,876) $49 $1203 ($9,153) ($321) ($5,172 ($757) ($995) ($37,750) $1,770 $149,948 x$2,860) Balance to Le vy $217,132 _ $159 803 $9,702 $73 839 $3,079 $6 383 $23 840 $924 $11,298 $15,243 $1,350 $201,532 $3,040 $238,448 $965,613 _ DISTRICT STATISTICS Total Parceis 9,802 9,802 813 623 269 131 129.00 1 217 _ 142.00 75.00 88 22.00 � 91.74 725 498.00 201.00 14 49.22 2,492 _1,775.00 669.00 9 _9.00 559_ 538.00 98.79 Total Benefit Units (Zone A) Total Benefit Units (Zone B) 10,419.00 35 493 00 2,486.00 486 00 75.00 574.00 48.00 265.00 Total Benefit Units (Zone C) 2,486.00 48.00 75 00 201.00 1 11.23 - LevyQer Unit (Zone A) - $20_84 A $3.3 $129.36 J $116.46 $11 62 $49.48 $107.56 $42.00 $12.3.15 $15.40 $27.43 $76.54 $337.78 6.62 $400.52 Levy per Unit (Zone B) _ $17.24 $145.64 $114.22 $37.68 $87.38 $145.01 Levy per Unit (Zone C) - - - - - $642,57 - $1,305.53 -- -- - - - -- Total Assessment Levy - -�- $217,132 -- $159 803 $9702 $73,839 $3 079 j $6,383 $23,840 1 $11,298 $15,243_$1,350 1201,532 $3,040 $238,448 $965,613 _ - ]---s9-24 - FUND BALANCES -- -- 7 I - - - - _ -- - - -- - - - -- Beginning Fund Balance $886 ( - $88 829 j $9 753 $111,284 $1,717 -__ ($174) ($2,790) $1,02_0__ 3 ($2 462) $8,567 ($281) $126,185 $4,676 $168,831 $51.6,0_4_1_ Net Outlays and Contributions -- $29,085) ($54,363)( $1,642 $19,876 $49 $1,203 $9,15 ($321 ) ($5,172) ($757 ) ($995) ($37,750) $1,770 $149,948 $2,860 Ending Fund Balance____ HISTORICAL INFORMATIoN ($28 199) $34,466 1 $11,395 $91,408 $1,766 - $1,029 ($11,943) $699_ ($7,634) - - $7,810 ($1,276)1 $88,435 $6,446 $318,779 $513,18.1 Net Le eUiAce $2_ 0.84 $3.30 / $17.2 29.36 6461$145.E $11 42000-01 $810756114.2 $42.00, $123.15 1;15.401$37.68 $27.43 76.541$87.38 $337.78 386.24!$139.841$1258.95 Note A: Landscape Assessment Rate for SF, Level 1 x Levy per Unit (Zone A) = (4x$3.30 = $13.20). ity of Moorpark, Lighting Maintenance Assessment District No. AD84 -2 611412001 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 7 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 lighting and landscaping facilities throughout the City, and the methodology used to apportion the total assessment to properties within the Moorpark Lighting Maintenance Assessment District No. AD84 -2. The 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 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 lighting and landscaping 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. " Benefit categories have been established that represent the types of special benefit to residential, commercial, industrial and other lots and parcels resulting from the installation, maintenance and servicing lighting and landscaping improvements to be provided with the assessment proceeds. These categories of special benefit are derived City of Moorpark Lighting Maintenance Assessment District No. AD84 -2 06108101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 8 000is 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 Lighting Maintenance Assessment District. 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. Increased public safety from enhanced lighting throughout the District. C. Potential for increased economic opportunity. D. Reduced cost of local government in law enforcement, public health care, and fire prevention because well- maintained and well lighted public facilities, roadway medians and setbacks enhance public safety and help prevent slip and fall injuries. E. Enhanced quality of life and desirability of the area. F. Specific enhancement of property values. 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 improve and maintain the landscaping adjoining the properties in the District and to operate public street lighting. Such improved and well - maintained facilities enhance the overall quality and desirability properties. C. 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 as the base unit. This base unit methodology is commonly used to distribute assessments in proportion to estimated special benefit and is generally recognized as providing the basis for a fair and appropriate distribution of assessments. For the purposes of this Engineer's Report, all properties are designated a base unit value, which is each property's relative benefit in relation to a single family home on one parcel. In this case, the "benchmark" property is the single family detached dwelling which is assigned one Equivalent Dwelling Unit ( "EDU ") or base unit. D. Assessment Apportionment 1. Lighting The single family home has been selected as the base unit for the assessments. By definition, a single family home located on a street that has existing streetlights is City of Moorpark Lighting Maintenance Assessment District No. AD84 -2 06108101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 9 assigned 1 EDU or base benefit unit. This assessment rate, which is composed of benefit factors, which correspond to the following types of benefit. People Use - People related benefits 0.50 Security Benefit - Property protection 0.25 Intensity - Degree of Illumination 0.25 Assessment Rate: 1.00 Parcels in other land use categories, including publicly owned parcels, were then rated by comparison with the basic unit. People Use - People related benefits 1. Reduction in night accidents. 2. Reduced vulnerability to criminal assault during hours of business. 3. Promotion of business operations during evening hours. 4. Increased safety on roads and highways. Security Benefit - Property Protection 1. Reduction in vandalism and other criminal acts, and damage to improvements. 2. Reduction in Burglaries. Intensity: Intensity or degree of illumination provided on streets varies with type of street, date of installation and the use of the property adjacent thereto. 2. Landscaping The landscaping element of the spread formula recognizes that all properties within the City benefit from the maintenance of the landscaping within the public right -of -way and easements. These benefits include improved safety resulting from a regular tree trimming program and improved street sweeping capabilities resulting from trimming trees which may otherwise interface with street sweeping operations. The method of spreading maintenance costs is based upon the assessment rates, and the assessment rates are determined by the "people use" attributed to each land use within the City. This method was chosen because the benefit received is directly proportionate to the number of people generated by each land use. Recognizing that residential land uses within the City derive a higher degree of benefit than non - residential land uses the formula was subdivided into two main groups, with residential land uses contributing in 75% of the assessment and non - residential uses being assessed for the remaining 25% of the maintenance costs. The single family home has been selected as the base unit for the spread of assessment. The base unit has assigned an assessment rate of 4. Parcels in other land use categories, including publicly owned parcels, were rated by comparison with the basic unit. See Table 1 for further detail regarding the assessment rates and annual assessment for property by land use classification. City of Moorpark Lighting Maintenance Assessment District No. AD84 -2 06108101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 10 4�0 3. Zones of Benefit 75 lots within Tract No. 2851 are assessed an additional landscape maintenance assessment for a portion of the Ventura County Flood Control Easement immediately north of Campus Park Drive, as well as portions of the parkway landscaping at the entrance to and within the interior of Tract 2851. The additional per lot assessment $129.37. The obligation upon these lots is pursuant to a condition of development. 2. 622 lots within Tract 2865 are assessed an additional landscape maintenance assessment for the maintenance of specific landscape areas and debris basins within the tract. The landscaped areas include certain parkways, the Tierra Rejada Road slope and streetscape areas, and the monument sign within th e tract. Also, an additional $10 assessment will be levied upon each lot to fund the future construction of parkway landscape improvements on the north side of Tierra Rejada Road east and west of Southampton Road. The additional per lot assessment is $116.47. 48 lots are assessed an additional $29.17 per lot for the maintenance of the debris basins. The obligations upon these lots is pursuant to a condition of development. 3. 265 lots within Tract No. 3032 are assessed an additional landscape maintenance assessment for the maintenance of an entry monument at Butter Creek Road and Los Angeles Avenue and landscaping on the South side of Pepper Mill Street. The additional per lot assessment is $11.62 4. 129 lots within Tract No. 3274 are assessed an additional landscape maintenance assessment for the maintenance of the landscaped barrier in Williams Ranch Road at the Edison power lines, and the parkway landscaping on both sides of Williams Ranch Road east and west of the Edison Easement. The additional per lot assessment is $49.48. The obligation upon these lots is pursuant to a condition of development. 5. 217 lots within Tract No. 3019 and 3525 are assessed an additional landscape maintenance assessment for the maintenance of the Tierra Rejada Road slope and parkways, including the entry statements at Pheasant Run Street, and the parkway on the west side of Peach Hill Road between Williams Ranch and Tierra Rejada Roads. The additional per lot assessment is $107.56. 75 lots are assessed an additional $6.67 per lot for the maintenance of debris basins. The obligation upon these lots is pursuant to a condition of development. 6. 22 lots within Tract No. 3306 are assessed an additional landscape maintenance assessment for the maintenance of landscape area at the terminus of Inglewood Street. The additional per lot assessment is $42.00. The obligation upon these lots is pursuant to a condition of development. 7. 90+ acres northerly of Los Angeles Avenue, southerly of Poindexter Avenue, and between Gabbert and Shasta Avenue are assessed an additional landscape maintenance assessment for the maintenance of the parkway on the north side City of Moorpark Lighting Maintenance Assessment District No. AD84 -2 06108101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. page 11 000018 of Los Angeles Avenue Parkway. The additional per lot assessment is $123.15 per acre. 8. 492 lots within Tract No. 4340, 4341, 4792 and a portion of Tract 4342 are assessed an additional $15.40 for 50% of the maintenance costs for the Home Acres Buffer Areas. The remaining 50% of such costs are recovered via an assessment upon 201 lots in the Home Acres area, in the amount of $37.69 per lot. This is the total amount of the assessment on the lots within Home Acres. Said lots are not assessed for Citywide lighting or landscaping. 9. 49 acres the Industrial Park on Condor Drive are assessed an additional landscape maintenance assessment for the maintenance of the parkway located at the southwest corner of Los Angeles Avenue and Virginia Colony Place. The additional per lot assessment is $27.43 per acre. 10. 2448 residential lots and one commercial property within the Mountain Meadows Planned Community (PC -3) are assessed an additional landscape maintenance assessment for the maintenance of the landscaping within the Peach Hill Wash Linear Park, the slope along the north side of the Peach Hill Wash and the downstream flood control facility located just east of Mountain Trail Street and within certain parkways along Terra Rejada Road. The additional per lot assessment for residential properties is $76.55. and the assessment for the commercial property at the southwest corner of Mountain Trail Street and Tierra Rejada Road is $615.71 per acre [118.81 ac x 8EDU /ac = 95 EDU >> x $76.55/EDU = $7,272.25 / 11.81 ac = $615.71]. 669 lots are assessed an additional $10.84 per lot for the maintenance of debris basins. The obligation upon these lots is pursuant to a condition of development. 11. 9 lots within Tract No. 4174 are assessed an additional landscape maintenance assessment for the maintenance of parkway landscaping within the tract. The additional per lot assessment is $337.78. 12. The maintenance costs for Zone 12 are allocated to the approved ultimate land uses within Zone 12 as follows: CommAnd. Institutional Residential Science Drive Parkways& Medians 25% 75% Science Drive Scope Easements 100% Tierra Rejada Rd. Parkways & Slopes 100% Tierra Rejada Median 0% 0% 00/0 Sp ring Road Parkway 340/6 66% Spring Road Slope Wasements 100 ° /a Spring Road Median 1 0% 00/0 00/0 City of Moorpark Lighting Maintenance Assessment District No. AD84 -2 06108101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 12 00019 It has been determined by the assessment engineer that formed this Zone of Benefit that Water Utility and Flood Control properties receive no benefit from the proposed improvements. Accordingly, all such properties shall be exempt from the Zone 12 assessments. In addition, in that the portion of the total assessment allocated to the Institutional Properties is spread to only lots 3 and 4 of Tract 4974, the slope adjacent to Spring Road (APN # 512 -0- 270 -065) is exempt. The assessments for Zone 12 can be increased annually after fiscal year 2000- 01 to cover increases in the cost of maintenance, installation and servicing of the improvements. The rate of any annual increase shall be based upon the increase in the Consumer Price Index ( "CPI ") for all Urban Consumers for the Los Angeles Metropolitan Area, for the calendar year ending the December prior to the Fiscal Year of the proposed assessment. Any increase to the assessment for Zone 12 may include any increase deferred in any and all prior years. The percentage change in the CPI for the calendar year ending December 2000 is 3.7 %. If the Council directs that the maximum authorized assessments are to be levied for fiscal year 2001 -02, the assessment for each land use category shall be as follows: • Commercial /Industrial: $145.01/ac • Institutional $1,305.53/ac • Residential $400.52 /1-ot or EDU City of Moorpark Lighting Maintenance Assessment District No. AD84 -2 06108101 Engineer's Report, Fiscal Year 2001 -02, by Shills Consultants, Inc. Page 13 0002 Table 1 Assessment Rate and Assessment by Land Use Classification Landclass Description Lighting Assessment Rate Annual Lighting Assessment Landscape Assessment Rate Annual Landscaping Assessment 0 Residential Vacant 0.25 5.20 0 0.00 1 Single Family, Level 1 1 20.84 4 13,18 2 Mobile Home 0 0.00 0 0.00 3 Condominium 1 20.84 3 9.88 4 Residential Income, 2-4 Units 1 20.84 3 9.88 5 Apartments, (5+ Units) 0.75 15.64 3 9.88 6 Single Family, Level 2 0.75 15.64 4 13.18 9 Mobile Home and Trailer Parks 0.75 15.64 3 9.88 10 Commercial, Vacant 0.25 15.64 0 0.00 11 Retail Stores, Single Story 4 83.40 3 51.70 12 Store and Office (Combination) 4 83.40 3 51.70 15 Shopping Centers (Neighborhood) 6.5 135.51 10 172.38 16 Shopping Centers (Regional) 6.5 135.54 30 517.14 17 Office Building (1 Story) 3 62.56 3 51.70 18 Office Stores (Multi -Story) 4 83.40 6 103.42 19 Retail Stores (Multi -Story) 4 83.40 6 103.42 21 Restaurants & Cocktail Lounge 5 104.26 3 51.70 24 Banks, Savings & Loans 3 62.56 3 51.70 25 Service Stations 4 83.40 3 51.70 26 Auto Sales, Repair 4 83.40 1 17.24 30 Industrial, Vacant Land 0.25 5.20 0 0.00 31 Light Manufacturing 5 104.26 12 206.86 32 Warehousing 4 83.40 4 68.94 33 Industrial Condos, Co -ops, PUD's 5 104.26 3 51.70 38 Mineral Processing 3 62.56 3 51.70 44 Truck Crops 1 20.84 2 34.48 46 Pasture (Permanent) 1 20.84 2 34.48 48 Poultry 1 20.84 2 34.48 49 Flowers, Seed Production 1 20.84 2 34.48 51 Orchards 1 20.84 2 34.48 53 Field Crops, Dry 1 20.84 2 34.48 54 Pasture of Graze, Dry 1 20.84 2 34.48 55 Feed Lots 1 20.84 2 34.48 57 Tree Farms 1 20.84 2 34.48 61 Theater 5 104.26 2 34.48 69 Parks 0 0.00 0 0.00 70 Institutional Vacant Land 0.25 5.20 0 0.00 71 Churches, Convent, Rectory 0.25 5.20 0 0.00 72 Schools 0 0.00 0 0.00 73 Colleges 0 0.00 0 0.00 78 Public Buildings, Firehouses, Museums, Etc. 0 0.00 0 0.00 79 Flood Control 0 0.00 0 0.00 80 Miscellaneous Vacant Land 0.25 5.20 0 0.00 81 Utility Water Company 0 0.00 0 0.00 83 Petroleum & Gas 2 41.70 1 17.24 86 - Water Rights, Pumps 0 0.00 0 0.00 88 Highways & Streets 0 0.00 0 0.00 91 Utility Edison 0 0.00 0 0.00 92 Telephone 0 0.00 0 0.00 93 S.P.R.R. 0 0.00 0 0.00 94 Undedicated Community Condo. Dev. 0 0.00 0 0.00 95 State Property 0 0.00 0 0.00 96 County Property, 0 0.00 0 0.00 97 City Property 0 0.00 0 0.00 99 Exempt 0 0.00 0 0.00 City of Moorpark Lighting Maintenance Assessment District No. AD84 -2 06108101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 14 ,E 4. 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 Public Works Director 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 Public Works Director or his or her designee will promptly review the appeal and any information provided by the property owner. If the Public Works Director 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 Public Works Director 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 Public Works Director 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 Lighting Maintenance Assessment District No. AD84 -2 06108101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 15 002 W ASSESSMENT WHEREAS, on January 3, 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 Levying of Annual Assessments for "Moorpark Lighting Maintenance Assessment District No. AD84 -2" for the Fiscal Year Commencing July 1, 2001 and Ending June 30, 2002, and Ordering the Preparation and Filing of a Report Relating Thereto; and WHEREAS, said Resolution directed the undersigned Engineer of Work to prepare and file a report presenting an estimate of costs, a diagram for the assessment 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 Lighting and Landscaping Maintenance Assessment District for the fiscal year 2001 -02 is generally as follows: SUMMARY COST ESTIMATE F. Y. 2009 -02 Budget Direct Cost $953,057 Contribution to /from reserve fund $12,556 NET AMOUNT TO ASSESSMENTS $965,613 As required by the Act, an Assessment Diagram is hereto attached and made a part hereof showing the exterior boundaries of said Lighting and Landscaping Maintenance Assessment District. The distinctive number of each parcel or lot of land in the said Lighting and Landscaping Maintenance Assessment District is its Assessor Parcel Number appearing on the Assessment Roll. City of Moorpark Lighting Maintenance Assessment District No. AD84 -2 06108101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 16,$ C Y0 r.T 0 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 Lighting and Landscaping Maintenance Assessment 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 Lighting and Landscaping Maintenance Assessment District in proportion to the special benefits to be received by the parcels or lots of land, from said improvements. Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Ventura for the fiscal year 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 Lighting and Landscaping Maintenance Assessment District Dated: June 7, 2001 Engineer of Work 2 — --•— —1 QPpFESS B y �y v Dennis H. Fong, License No."`C51,492 ---' 03 o �i o No. 51492 s su ra f, &I City of Moorpark Lighting Maintenance Assessment District No. AD84 -2 06108101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 17 VII. Appendix A --1972 ACT APPLICATION 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 Lighting Maintenance Assessment District No. AD84 -2 06108101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 18, ` 9 (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 Lighting Maintenance Assessment District No. AD84 -2 06108101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 19 C� 0002G (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: City of Moorpark Lighting Maintenance Assessment District No. AD84 -2 06108101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 20 (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 debtor 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 Lighting Maintenance Assessment District No. AD84 -2 06108101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 21 (,)0028 Vill. Appendix B — Article X1IID 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. (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 Lighting Maintenance Assessment District No. AD84 -2 06108101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 22 C-00029 (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 Lighting Maintenance Assessment District No. AD84 -2 06108101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 23 f 0 03 (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 (ASSESSMENT AND PROPERTY - RELATED FEE REFORM) City of Moorpark Lighting Maintenance Assessment District No. AD84 -2 06108101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 24 000031 SEC. 5. Effective Date. Pursuant to subdivision (a) of Section 10 of Article II, the provision's 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 Lighting Maintenance Assessment District No. AD84 -2 06108101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Pa g e 25 0 0() ai�'z- (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 Lighting Maintenance Assessment District No. AD84 -2 06108101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 26 C11 00033 IX. Appendix C - 2001 -02 ASSESSMENT ROLL An Assessment Roll (a listing of all parcels assessed within the Assessment 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 Lighting Maintenance Assessment District No. AD84 -2 06108101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 27 (DO0 !4 X. Appendix D - Assessment Diagram The Lighting Maintenance Assessment 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 Assessment District and Zones of Benefit are displayed on the following Assessment Diagram and supporting maps. City of Moorpark Lighting Maintenance Assessment District No. AD84 -2 06108101 Engineer's Report, Fiscal Year 2001 -02, by Shilts Consultants, Inc. Page 28 0,000-3 1 Note: REFERENCE IS HEREBY MADE TO THE MAPS AND DEEDS 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 CONCERNING THE LINES AND DIMENSIONS OF SUCH PARCELS. EACH PARCEL IS IDENTIFIED IN SAID MAPS BY ITS DISTINCTIVE ASSESSOR'S PARCEL NUMBER. C) 0 Sllilts Consulnuits, Inc. 2300 Boynton Avenue, Suite 201 Fairfield, CA 94533 Legend /v Streets Railroads �[ Assessment Boundary Line N E ti EJ FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF MOORPARK, COUNTY OF VENTURA, CALIFORNIA, THIS DAY OF 2001. CITY CLERK 12 RECORDED IN THE OFFICE OF THE DIRECTOR OF PUBLIC WORKS OF THE CITY OF MOORPARK, COUNTY OF VENTURA, CALIFORNIA, THIS DAY OF 2001, DIRECTOR OF PUBLIC WORKS CITY CLERK CITY OF MOO"ARK LIGI 1TING MAINTENANCE ASSESSMENT DISTRICT NO. AD -84-2 ASSESSMENT DIAGRAM 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 F FILE FILED THIS DAY OF DA DAY OF 2001 FOR FISCAL YEAR 2001 -02 AND SAID ASSESSMENT THE HOUR O CL K 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 OF VENTURA ON STATE OF CALIFORNIA, AT THE REQUEST OF THE DAY OF THE CITY OF MOORPARK CITY COUNCIL. 2001. REFERENCE IS HEFTE-BYMADE TO SAID RECORDED ASSESSMENT ROLL FOR THE EXACT AMOUNT OF EACH ASSESSMENT LEVIEDAGAINST EACH PARCEL OF LAND. COUNTY AUDITOR, COUNTY OF VENTURA CITY CLERK CITY OF MOO"ARK LIGI 1TING MAINTENANCE ASSESSMENT DISTRICT NO. AD -84-2 ASSESSMENT DIAGRAM ZONE I . I pffs Ma • A 3 0 "CO fS Ex Sits— R dirt ..A" .1 .,a To A (D 33 10 b 131 v at x I OBOE It A Q ZF 14 47 o- 5 It ad 'U or 70 I zo (D 0 Eor & 21 (D 134 at (D Q) At 5vo SAM COLM A. 33 34 ST 00 at 41 CA rvAcr 17 3543-t fda PARK DRIVE ZONE I . I pffs ZONE 2 M UJI Z 0 N n V 3NOZ 9 3NOZ ZONE 6 ME� ZONE 7 9TS ZONE 8 ZONE 9 41�1 4,0004S ZONE 10 00 ZONE 11 NTS N y.n• ,dt �.,,J 0 O r1 J7 fdJY , t•, »'y'd SAS CO R I , IfNN'Iff f,Jl' .�! 4iOr f• � i 1 ID q A• dt Jr. 1 � S 131 iS n 0 ,■nrf,•r ti ` s Q Is rr w Qr r fG rr fr rJ 9f •, Q a 8. Q ,. lJ 29 © !l ® © ® ® �., 1341 ® �8 It • 6l rr OD d a m ao " >• ar ss as ,. ,d 'd da S o ° 8AAlBl � I� 0 z C1�l1RT A r z a !A. $ CAA"jS T4JC7 �y sau•r• ef,w` dA,M,d ~~ PARK. ---� -- i G41yE ZONE 11 NTS Z 3NOZ 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 "MOORPARK LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. AD 84 -2" WHEREAS, by Resolution No. 2001 -1802, the City Council ordered the preparation',of an Engineer's Report for Assessment District 84 -2 ( "Assessment District ") for fiscal year 2001 -02; and WHEREAS, pursuant to said Resolution, the Engineer's Report ( "Report ") was prepared by Shilts Consultants, Inc., Engineer of Work, in accordance with] Section 22565, et. seq., of the Streets and Highways Code and Article XIIID of the California Constitution; and WHEREAS, by Resolution No. 2001 -1860 the City Council preliminarily approved tlIe Engineer's Report for said District and set a date for a Public Hearing; and WHEREAS, said repor Clerk and duly conside sufficient in every part the report should star subsequent proceedings resolution, and that Jul the Council Chambers, lc California 93021, were hearing by this Council proposed assessment, noti by law; and WHEREAS, at the appc and regularly held, and heard were given an oppo things pertaining to the the Council, and all ora communications were duly changes to the Engineer' thereby acquired juris confirmation of the diagi part of the Engineer's thereof. was duly made and filed with the City red by this Council and found to be icular, whereupon it was determined that .d as the Engineer's Report for all under and pursuant to the aforesaid ,r 18, 2001, at the hour of 6:30 p.m. in cated at 799 Moorpark Avenue, Moorpark, appointed as the time and place for a on the question of the levy of the ce of which hearing was given as required inted time and place the hearing was duly .11 persons interested and desiring to be rtunity to be heard, and all matters and levy were fully heard and considered by L statements and all written protests or heard, considered and overruled, and any Report approved, and this City Council fiction to order the levy and the am and assessment prepared by and made a Report to pay the costs and expenses e 9 r. G -i ) Resolution No. 2001 - Page 2 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 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. Resolution No. 2001 - Page 3 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 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 Lighting and Landscaping Maintenance District No. AD 84 -2. 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 funds previously established under the distinctive designation of the Assessment District. Moneys in the improvement funds shall be expended only for the maintenance, servicing, construction or installation of the improvements. pA C 0 ���. Resolution No. 2001 - Page 4 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. APPROVED AND ADOPTED this 18th day of July, 2001. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk